Grievance investigation after accused person has left the business

Ella_fella

If a grievance is raised for bullying and harassment for example and the accused person subsequently is dismissed from the business before the investigation has taken place what response does the company have to then submit - do they respond with it's impossible to investigate these allegations as the person has been fired therefore we cannot validate the allegations?

Or do they then have to accept the allegations as facts as they are unable to disprove them. Where does the burden of proof lie.

Thanks in advance. 

General_Grant

Ella_fella said:

If a grievance is raised for bullying and harassment for example and the accused person subsequently is dismissed from the business before the investigation has taken place what response does the company have to then submit - do they respond with it's impossible to investigate these allegations as the person has been fired therefore we cannot validate the allegations?

Or do they then have to accept the allegations as facts as they are unable to disprove them. Where does the burden of proof lie.

Thanks in advance. 

If the alleged bully/harasser has left and the employer does not want to pursue them, the allegations stay as allegations, not proven facts.  If the supposed cause of the problem has left, why seek a determination?

Ella_fella

General_Grant said:

Ella_fella said:

If a grievance is raised for bullying and harassment for example and the accused person subsequently is dismissed from the business before the investigation has taken place what response does the company have to then submit - do they respond with it's impossible to investigate these allegations as the person has been fired therefore we cannot validate the allegations?

Or do they then have to accept the allegations as facts as they are unable to disprove them. Where does the burden of proof lie.

Thanks in advance. 

If the alleged bully/harasser has left and the employer does not want to pursue them, the allegations stay as allegations, not proven facts.  If the supposed cause of the problem has left, why seek a determination?

If the initial allegations weren't accepted. If the incidents were interpreted as capability issues. If the person making the allegations was financially disadvantaged through this. 

[Deleted User]

Ella_fella said:

If the person making the allegations was financially disadvantaged through this. 

Then that individual may consider prosecuting a separate grievance based onthis.

Ella_fella

arctic_ghost said:

Ella_fella said:

If the person making the allegations was financially disadvantaged through this. 

Then that individual may consider prosecuting a separate grievance based onthis.

Through the company grievance procedure am assuming you mean

Marcon

Ella_fella said:

arctic_ghost said:

Ella_fella said:

If the person making the allegations was financially disadvantaged through this. 

Then that individual may consider prosecuting a separate grievance based onthis.

Through the company grievance procedure am assuming you mean

Yes - but if you still haven't reached two years' service with your employer, be very careful. Looking at the background to this, you may be testing your employer's patience now they have sacked the offender: https://forums.moneysavingexpert.com/discussion/6308994/went-off-sick-came-back-and-job-role-has-been-given-to-someone-else/p1

[Deleted User]

Set out your issues and game plan for folks to cast an eye over here.

Undervalued

Ella_fella said:

If a grievance is raised for bullying and harassment for example and the accused person subsequently is dismissed from the business before the investigation has taken place what response does the company have to then submit - do they respond with it's impossible to investigate these allegations as the person has been fired therefore we cannot validate the allegations?

Or do they then have to accept the allegations as facts as they are unable to disprove them. Where does the burden of proof lie.

Thanks in advance. 

They don't have to do anything! There are no legal steps you can take to force them.

Under certain limited circumstances it might strengthen a case you brought against them (if you actually have such as case) should they have failed to properly investigate a valid grievance you raised but that is about all. If, as Jillanddy suggests, this relates to sick pay (or lack of) then keep in mind that virtually all company sick pay is discretionary. The law allows an employer wide discretion and will only intervene if the discretion is so far off the mark as to be "perverse". 

Marcon rightly questions if you have been there for two years. If not, I would definitely keep my head down. Even if you have more than two years service I would still think very carefully indeed whether to progress this.