In the scandal that hit the RTL show The Voice of Holland the employment law aspects remain unjustly underexposed. Employers and works councils should take action. This is what our employment lawyers Jan Dop and Priscilla de Leede say in Het Financieele Dagblad, the Dutch equivalent of the Financial Times.
Below you can find the translation of the opinion piece by Jan Dop and Priscilla de Leede, but on the website of Het Financieele Dagblad you can also find a corresponding cartoon by Hein de Kort.
The scandal that hit the television show “The Voice of Holland” demonstrates how big the consequences are if a company allows room for sexual harassment. The focus in the media is on the criminal law approach to the presumed perpetrators. The employment law aspects remain unjustly underexposed.
As an employer, you have to do everything possible to prevent transgressive behaviour within your company. Failing to do so can not just have severe consequences for the victims, but also for your company. In the event of breach of their duty of care, employers can be held liable for the (psychological) damage a victim suffers. Not to mention reputational damage, an increase in absenteeism, increases in staff turnover, high severance pay or fines from the Labour Inspectorate.
Employers are obliged to provide a safe working environment where everyone is respected. Such a working environment does not provide room for sexual intimidation, discrimination or bullying. Each employee must feel secure and should feel safe to report transgressive behaviour.
Employers, therefore, must formulate and enforce a clear policy so that employees know exactly what behaviour is tolerated and what is not. This includes a clear complaints procedure with concrete deadlines so that it is absolutely clear when, where and how complaints must be made. This also applies to sanctions for violations of these rules. In addition, employers have to designate a confidential adviser to whom employees can safely turn.
It is important to also inform employees orally about this and to bring this to their attention regularly. It is essential to involve the works council in the formulation of the policy. Employers who have a clear policy have taken the first step for prevention.
Proactive monitoring is also of importance, for example, by surveying in evaluation and appraisal interviews whether employees feel safe in the organization. In doing so, it is good to consider that undesirable behaviour occurs more often in strongly hierarchical relationships, positions of power and dependency relationships. These characteristics seem to be typical for a talent show, such as The Voice, but you can find them just as often in “regular” companies.
If transgressive behaviour is reported, a careful and objective investigation of the facts , performed independently and competently, is crucial. Hereby the principle of hearing both sides is of great importance. If the complaint turns out to be well-founded, employers must comply with their policy, thus also taking disciplinary measures. Even if it involves dismissing a valued employee with immediate effect. Not all transgressive behaviour gives cause for dismissal. But employers always have to send a clear signal that such behaviour is not tolerated and has consequences. In addition to employment law sanctions against the perpetrator, the employer can also file a report with the police to help the victim.
Since the emergence of #metoo a lot has changed. Where previously a whistleblower was removed from an organization, now it is often the employee who is in a higher position. However a report turns out, a good employer has to provide a clear policy and an accessible procedure for all employees. Failing to do so is unacceptable in 2022.
More tips on how you can provide a safe company culture you can find in our blog. It is not only important to have a clear policy. It is also wise to have a sound complaints procedure, so that employees feel safe to report sexual harassment and other misconduct. We will be happy to help you draft these documents.
Is there already transgressive behaviour in your company? Let us investigate the facts quickly and thoroughly and do not take any ill-advised measures. Not all transgressive behaviour gives cause for dismissal. Please contact us:
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