Working with a reluctant complainant in an investigation

by | Nov 20, 2025 | HR Blog

This blog is written by Claire Mathieson, Investigator and Associate at McKinney HR
During an investigation, challenges usually present themselves; however, have you ever experienced a reluctant complainant?

What we mean by this is an employee who submits a complaint to their employer and then participates intermittently in the investigation process or doesn’t want to contribute further.

There are reasons why complainants may be reluctant. These include:

  • Fear of retaliation either from the respondent or the organisation itself
  • Confidentiality concerns, especially if respondents are senior staff
  • Anxiety around the formal process

As independent investigators, we try to build trust, offer support, address confidentiality issues and facilitate a way forward. We may never learn why there is a lack of engagement, but it is important that we consider its effect on the investigation. If you come up against this, the best way forward is to explain what happens, follow your standard procedures, invite and encourage the complainant to participate and avoid prolonging the investigation due to non-engagement.

If you are able to outline the parameters for complainants, setting clear guidelines and deadlines for engagement, this helps ensure a timely investigation. This process can be applied to interviews, reviewing and returning notes, and for them to submit additional supporting information.

It is possible to investigate a complaint even with limited evidence, as long as you can show you have asked the complainant to engage within a reasonable time. Setting an engagement process helps you gather the necessary evidence to question witnesses and the respondent, allowing you to properly investigate the facts and bring the investigation to a conclusion.

Please get in touch with McKinney HR if you need an independent and external workplace investigation to be undertaken. We would be happy to support you with this.

If you need any assistance or support regarding the menopause policy at work, please don’t hesitate to contact us at support@mckinneyhr.co.uk