retaliate action for making a complaint

[kennyGW]

Hi all do not know if this is the right area for this one.

In the company I work for Bullying and Harassment policy I found this right at the end.

“If a complaint is found to be malicious, then the appropriate disciplinary action up to and including dismissal will be imposed.”

Is it legal for them to out this?

Are not complaint protected from retaliate action by law?

[des8]

Suggest you read Ngwenya v Cardinal Newman Catholic Secondary School where dismissal for misconduct, namely pursuing malicious, vexatious and frivolous claims against the School which was so serious that it destroyed the employer/employee relationship was held not to be unfair
.https://www.bailii.org/uk/cases/UKEA...8_14_0806.html

[kennyGW]

Thank you for the info,

Are there an guidelines on what classed as malicious ( or not made in goof faith ) set down in the law?

i.e lets say someone pay was wrong every month and after asking for it to be sorted out and it was not. Then a complaint was made, he the payed up to date can this be classed as a malicious complaint? As in the end he was paid in full?

[4737 Carlin]

i.e lets say someone pay was wrong every month and after asking for it to be sorted out and it was not. Then a complaint was made, he the payed up to date can this be classed as a malicious complaint? As in the end he was paid in full?

In that scenario it would be very difficult to prove the complaint was malicious. The subject matter (i.e. payment problems) would be a genuine basis for a complaint: how the complaint was then communicated could be the the issue.

Malicious complaints are more in line with false claims of harassment, things of that sort of nature.