HR advice please

[MiserableMelanie]

I’m sorry to post on AIBU - but I am so stressed out by work and really need some advice.

I submitted an anonymous email to HR about the conduct of a colleague. It was incredibly difficult to write this and not in my nature to do this. I like to deal with things but in this instance I couldn’t.

There is a situation in my office where one persons behaviour is impacting me and many others. They are sadly my peer but in a slightly different role.

HR have acknowledged my email and said they do not need to have any further contact with me. This was approx 10 days ago. Nothing since.

Am I entitled to more from them or by being anonymous has this taken any right for information away from me?

How would they even know how to update you if anonymous?

But yes - they owe you nothing because you submitted anonymously

I emailed them from an anonymous email address. No identifying name.

They acknowledged the email by replying to my anonymous email address.

If I ask for an update will they just say they cannot provide this?

I wouldn’t normally submit anything anonymously - I know it makes it harder to investigate but I just have to hope that the complaint results in questions being asked in the organisation about this person and the impact they are having. We are losing staff weekly - mainly because of them.

It is normal process.
Whilst it can be frustrating, I assume the situation you reported didn't involve you personally (e.g. compliance reporting). Therefore you don't need and shouldn't be informed about any investigation or disciplinary action taken against a colleague.

It's very different from an employee making a formal complaint about another (e.g. bullying or sexual harassment).

It’s really difficult when a complaint is anonymous. It’s likely they will try and ascertain what is going on but without being able to interview you they don’t have details or context (unless your complaint was really comprehensive). Did you not feel able to ask speak to the person yourself or raise with your LM? But putting allegations to someone without them knowing their accuser (which in a disciplinary process they would have the right to know) there is unlikely to be an update for you and you won’t know what happens to the person as it will be confidential.

If you've made an anonymous complaint they have their hands tied to the extent they can investigate things as their main witness is unknown.

What were you expecting from them?

They can’t give any information to an anonymous email complainant. It could be someone who doesn’t even work there etc etc.

Also, it's highly unlikely they will disclose any outcome to you.

ETA: Even if you weren't anonymous the disciplinary outcome is confidential.

Very unlikely to have any sort of update after 10 days.

By complaining anonymously you’ve made it harder for them to investigate and take action. Even if they did know who you are they may be limited into how much they could tell you if it’s a disciplinary matter.

Have a read of the grievance policy and consider going through the proper process, then you’ll know exactly what to expect in terms of timescales, level of information shared, etc

Being anonymous significantly weakens any case against the employee they might wish to take forward. You could disclose your identity to them and ask they don't reveal your name to the colleague you've complained about.

You're not entitled to the results of any investigation or disciplinary action carried out, whether anonymous or not. GDPR and other rules mean that accused people have rights as well.

The fact it’s anonymous makes it look like spite and vindictiveness, and it appears it is behavioural related, and could be seen as a personality clash,

im afraid if you can’t own it then you likely have to find another job, as they certainly won’t be writing back to an anonymous email address,

ifs very different to an anonymous wihistle blower as it’s subjective, and in anonymous whistleblowers lines they don’t update the complainant.

This is the only think that matters here OP.

Anonymous complaints have their place. You do not have to reveal your identity to them and even if you do, it won't make any difference to your rights to get an update. It shouldn't make any difference to their decision to investigate or not either.

Yes a disgruntled neighbour an ex partner, it could be anything,

Anonymous or not, they shouldn't be revealing to anyone how they investigate or discipline someone, confidentiality matters.

I’m afraid you are not going to get anywhere with an anonymous complaint op. Or you wouldn’t in my workplace anyway (HR professional). No HR professional is going to be spending much time investigating something when they don’t know who sent it, is it vexatious, etc. HR will have numerous employee relations issues to deal with, and will deal with the ‘named’ ones as they need to get back to those people. I can’t see them sending you any kind of update to an anonymous email address either, just too risky, they have no idea who you are. If you have genuine concerns can you not speak to someone confidentially?

Why did you do it anonymously? Why not just make the complaint ?

Thank you all.

I knew that would be the case and I was clutching at straws.

It’s not vindictive. I could see no other way forward. One reason being their relationship with our line manager - they are keen for people to know they are friends who go back years. I deal with issues with them head on when they come up. But it just feels like it is a daily issue for someone in the organisation.

People dread dealing with them. Anyone who raises anything professionally that remotely challenges them is seen as a problem. I felt unable to raise it formally - maybe I’m a coward. I work in a very challenging role I don’t think I am a coward. But maybe I am.

This person has such an impact on me and on others. When I see an email from them my heart sinks. I am not the only person to feel this way.

It’s not a personality clash either. The role requires us to have relationships and work with people from
all walks of life - I have worked with people in the past that I have little time for but I’m in a leadership role and need to behave in a certain way.

Will it not even be investigated? Was it a complete waste of time? I spent so much time worrying about it, going over it, proof reading it. Tried to present a balanced view.

Maybe I’ve wasted my time.

I’ve explained it above I think but I genuinely could not see a way of doing this in a way where I would come out of it positively - I’m sure a lot of the workforce would agree with me and this is why no one has raised her conduct formally before. People don’t feel ABLE to raise these issues.

I need to work there - in what is a very small team. I couldn’t be moved elsewhere, I would be stuck working with them every day and I know they would do everything to make my professional life difficult. It’s already a very difficult role. I love it but not sure I can stay when it’s like this.

What do you think will happen?

Them: we've had a complaint about your behaviour. It says you've done XYZ.

Him: No I haven't.

Them: We can't prove it as we have no evidence and no witnesses, so case closed and take care.

This makes me so disappointed. What I’ve raised is having a serious impact on existing staff and on staff leaving.

I never understand why people place anonymous complaints.

No company is going to approach an employee and say “we’ve had a very serious complaint about you and went to take action, but we can’t tell you who it’s from or exactly what happened but you’re in biiiiig trouble, Mister”.

What do you actually expect a company to do? All employees have rights, and having a full view of a complaint and being able to defend yourself/establish facts is core to fair procedures and natural justice.

If you were approached with a complaint that couldn’t be verified, what would you expect your employer to do? Would you expect to be disciplined on the back on something that was unverifiable? Would you expect your employer to send information about you and your employment to an anonymous email?

I always tell clients to ignore anonymous complaints (other than in very specific circumstances).

I did have a scenario recently where an anonymous complaint was submitted by “a concerned member of the public”, it wasn’t put to the employee by the employer but the employee twigged it had happened and put in a Data Subject Access Request for all information. While the company didn’t release everything and redacted a whole lot of info, it was enough for the employee to take a defamation case against the person who did send the complaint (obviously, a big back story but police involved and was part of an ongoing family feud that had been going on for ages).

Then those staff need to raise it, provide evidence, and be prepared to be witnesses. Or put up with it. Or find another job.

It's a shit situation and I think everybody has worked with at least one toxic nightmare. But those are the choices.