Workplace harassment and bullying: Dutch legal responsibilities and prevention strategies

Harassment and bullying in the workplace remain issues about which, fortunately, more and more employees speak up. But what are the employer's legal responsibilities and strategies to prevent this type of behaviour at the workplace?

Employers are increasingly aware that workplace harassment and bullying can lead to significant problems for their business, including employees feeling unsafe, a disrupted company culture, increased absenteeism, high turnover rates and potential legal proceedings that consume considerable time and resources. Understanding and addressing these issues is crucial for maintaining a healthy and productive work environment.

What is workplace harassment and bullying?

Harassment is referred to as a conduct that has the purpose or effect of violating the person's dignity and creating an intimidating, hostile, offensive, humiliating or offensive environment (article 1a (2) of the Equal Treatment Act, article 1a (2) of the Equal Treatment (Men and Women) Act and article 7:646 (7) of the Dutch Civil Code). Bullying falls under the definition of "harassment". The law also contains a separate definition for sexual harassment.

What are the employer's legal responsibilities?

Under Dutch law, various legal responsibilities arise from good employment practices and the employer's duty of care, including but not limited to:

• The employer (this also includes supervisors) is prohibited by law from conducting activities qualifying as harassment.
• A policy aimed at preventing or limiting "psychosocial workload" needs to be put in place by employers. Psychosocial workload is defined as factors that are indirectly or directly discriminating, including sexual harassment, aggression and violence, bullying and work pressure in a work situation that create stress.
• In its risk assessment and evaluation, the employer must identify potential psychosocial risks, including harassment and bullying (if any). These measures must be implemented to mitigate these risks.
• The employer also has a general duty of care to its employees to ensure a "socially" safe workplace.

Safe workplaces: an employer checklist

• Establish a policy outlining acceptable and unacceptable behaviour, along with an action plan for employees to follow if they experience such issues.
• Establish an internal investigation protocol to report unacceptable behaviour.
• Conduct a thorough investigation of unacceptable behaviour and take appropriate actions if necessary.
• Ensure that employees are familiar with the applicable policies; for example, through regular training sessions.

The employment team at Osborne Clarke can help clients with further advise on what practical steps an employer can take.