Bullying, harassment and discrimination at work: what can you do?

Bullying, harassment and discrimination at work: what can you do?

Bullying, sexual harassment, discrimination and aggression can harm work and health. You do not need a fully proven legal case before seeking support. It helps to describe specifically what happens and what you need. A confidential conversation, report, investigation and formal complaint are different steps. Choose deliberately which fits your safety, objective and working situation.

Record events factually, including dates, words and people present.

Ask beforehand about the other person’s role and confidentiality.

The employer must have policies against psychosocial workload risks and handle reports carefully.

1. Describe conduct and its effects

Write down what someone does or says, how often and in which context. Bullying can involve repeated exclusion, humiliation or undermining. Sexual harassment can occur digitally, and customers or other third parties may also be responsible for unwanted behaviour. A disagreement about work is not automatically bullying, but it may coexist with conduct needing action.

Discrimination requires a connection to a protected ground, such as sex, origin, religion, age, disability or chronic illness, within the applicable legal field. You do not need to select the correct legal label immediately. Specific examples help a confidential adviser or legal adviser identify a route. Describe effects on work, health and safety without feeling you must first make symptoms serious enough.

2. Build careful, secure records

Keep a timeline of date, place, people, events and potential witnesses. Preserve messages you lawfully access. Separate exact quotations, direct observations and interpretation. A report saying “on Tuesday X said this in the meeting” is more useful than only “the whole department bullies me”. Also record your response and help already requested.

Share sensitive information selectively. A broad accusatory email can escalate the situation and raise privacy issues. Keep medical details separate and be careful with colleagues’ data. Seek advice before using secret recordings or large company datasets as evidence. If someone will act as a witness, have them describe their own account rather than jointly composing one version.

3. Confidential advisers, HR and managers have different roles

A confidential adviser can listen, explain options and support next steps. Their role differs from investigator, mediator or legal adviser. Ask how conversations are recorded and when information is shared. Also ask whether an external confidential adviser is available if internal relationships leave you without sufficient confidence.

HR normally supports the organisation and is not automatically your independent representative. That does not make a conversation pointless, but know why you provide information. If your manager is involved, ask about an alternative reporting route. A bystander can also seek support and report what they witnessed without taking over the directly affected person’s account.

4. Ask for practical protection at work

The employer must prevent or limit psychosocial workload risks. Ask not only for acknowledgement but workable measures: different reporting lines, clear conduct agreements, support or temporarily separated duties. Discuss who implements them, when they begin and how effectiveness is checked. Not every measure fits every situation; interests and safety require careful assessment. Also ask what prevention policy exists, where it can be found and who evaluates the measures. The legal task is preventing or limiting psychosocial workload; a single conversation about your incident does not show how recurrence is addressed.

You do not have to confront the person if that feels unsafe. For threats, seek appropriate help immediately and organise a safe workplace. Record that a temporary measure need not decide the facts. If only you are moved or lose opportunities after reporting, identify those consequences specifically and ask why that approach was chosen.

5. Formal complaints and independent investigation

Find the complaints procedure and check who receives a complaint, applicable timeframes and how each side is heard. Describe events and the next step you want. A complaint is not the same as requesting the other person’s dismissal; it may seek investigation, protection and a safe working relationship. Request receipt confirmation and progress information.

An investigation must let those involved give their account and explain how data are used. Ask about the remit, independence and confidentiality. An investigation cannot always remain wholly secret if the other person must respond to allegations. Agree beforehand what matters to you and who supports you during meetings.

Example: reporting without a clear next step

You tell HR that a colleague repeatedly sends sexual messages. Ask whether this is treated as a confidential discussion or report, who sees the messages and what protection and feedback follow.

6. Discrimination and external routes

For possible discrimination, you can seek advice from an anti-discrimination service and, subject to conditions, request an opinion from the Netherlands Institute for Human Rights. It assesses equal-treatment questions within its remit. Its opinion is authoritative but not legally binding like a court judgment. It does not automatically award damages or wages.

Depending on facts, civil proceedings, a supervision report or a police report may also be relevant. These routes have different objectives and conditions. If dismissal or a wage measure occurs, protect employment-law deadlines too; a complaint does not automatically suspend them. Report new adverse reactions and preserve specific changes in rota, assessment or duties.

7. Health and a possible exit agreement

Discuss health symptoms with the occupational physician and, if needed, your treating practitioner. The physician can advise on capacity and work adaptations without sharing every medical detail with the employer. Reporting sickness does not automatically resolve misconduct; ask in parallel what measures the employer takes. A return plan must consider actual workplace circumstances.

If pressured to sign a VSO, have it assessed separately. A financial agreement may offer peace, but you may surrender rights to wages, investigation or other claims. Check confidentiality, full and final settlement and the account of events. You do not have to sign a factual admission you believe incorrect merely because the employer wants a quick conclusion.

Make a factual timeline and keep targeted evidence.

Ask beforehand about role, confidentiality and records.

Identify the safety and support needed now.

Request a clear procedure and feedback date.

Keep adverse reactions too and protect separate dismissal deadlines.

Must I speak to the person first?

Not if unsafe or impractical. A confidential adviser can help decide whether a conversation fits or another route is needed. You need not postpone support until you have tried every informal step.

Can a formal complaint be investigated anonymously?

Confidential advice differs from entirely anonymous investigation. Some information may need sharing so each side can respond. Ask beforehand which details are necessary and what the complaints procedure allows.

Is every unpleasant treatment discrimination?

No. An equal-treatment issue needs a protected ground and an applicable legal field. Conduct outside that scope can still be unwanted or unacceptable under employment law and require attention.

Does a complaint stop the deadline to challenge dismissal?

No, do not assume that. An internal complaint and a court dismissal application run alongside one another. Immediately protect short strict deadlines if employment ends or a dismissal measure is taken.

Sources and editorial notes
Sources current as of: October 17, 2026
1. Arboportaal: psychosocial workload risks
Publisher: Arboportaal · Ministerie van SZW
https://www.arboportaal.nl/onderwerpen/psychosociale-arbeidsbelasting
2. Arboportaal: the confidential adviser’s role
Publisher: Arboportaal · Ministerie van SZW
https://www.arboportaal.nl/onderwerpen/ondersteuning-bij-arbowet/vertrouwenspersoon
3. Arboportaal: workplace bullying
Publisher: Arboportaal · Ministerie van SZW
https://www.arboportaal.nl/onderwerpen/psychosociale-arbeidsbelasting/pesten-op-het-werk
4. Netherlands Institute for Human Rights: remit and opinions
Publisher: mensenrechten.nl
https://www.mensenrechten.nl/mensenrechten-voor-jou/wat-doet-het-college/veel-gestelde-vragen
The source publications are in Dutch. All language editions cover Dutch law.