In this article
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.
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.
Practical checklist
- 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.
Apply this explanation to your situation
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Choose an employment lawyer who fits your needsPrepare a search profile and a clear discussion agenda for independent legal help.Build your employment law case fileCreate a chronological record of facts, reference documents and bring your objective and open questions together in one transferable worksheet.Frequently asked questions
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
The sources used for this page are listed below. Open the original publication for the full rules and context.
Sources current as of:
- Publisher: Arboportaal · Ministerie van SZWArboportaal: psychosocial workload risksarboportaal.nlhttps://www.arboportaal.nl/onderwerpen/psychosociale-arbeidsbelasting
- Publisher: Arboportaal · Ministerie van SZWArboportaal: the confidential adviser’s rolearboportaal.nlhttps://www.arboportaal.nl/onderwerpen/ondersteuning-bij-arbowet/vertrouwenspersoon
- Publisher: Arboportaal · Ministerie van SZWArboportaal: workplace bullyingarboportaal.nlhttps://www.arboportaal.nl/onderwerpen/psychosociale-arbeidsbelasting/pesten-op-het-werk
- Publisher: mensenrechten.nlNetherlands Institute for Human Rights: remit and opinionsmensenrechten.nlhttps://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.
General information. Not a substitute for personal legal advice. This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
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Editorial team Arbeidsrecht in Nederland
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