Introduction
Workplace bullying is an underestimated problem that often has serious consequences for the victims. Not only does it undermine job satisfaction and motivation, but it can also lead to long-term mental or physical health issues. Research by CNV shows that more than a quarter of Dutch employees are bullied by coworkers, and 16% are even bullied by their supervisors. Fortunately, the law provides guidance, and there are concrete steps employees can take to address bullying behavior.
Keep a record
The first step in addressing bullying behavior is to keep a detailed log. Record the incidents in detail: the date, time, who was involved, exactly what happened, and whether there were any witnesses. This record can be invaluable later as evidence, for example, in an internal investigation or legal proceedings. The more specific the information, the stronger the employee’s position.
Start a conversation
When the situation allows, it’s wise to first speak directly with the person exhibiting the bullying behavior. Sometimes the behavior is unintentional, and an open, honest dialogue can already lead to improvement. Ensure a calm, safe setting and prepare thoroughly for the conversation. If desired, a third party—such as an HR representative—can be present to facilitate the discussion or act as a mediator.
Contact the confidential advisor
If the conversation does not lead to a resolution or if the situation feels too unsafe, the confidential advisor within the organization is the next point of contact. This official can offer support, provide advice, and work with the employee to determine next steps. These might include filing a formal complaint or initiating an internal procedure. The confidential advisor is also bound by a duty of confidentiality, which ensures a safe environment for discussion.
Report it to your employer
Under the Working Conditions Act, employers are required to prevent psychosocial stress in the workplace, including bullying. It is therefore important to formally report bullying behavior to your employer or the HR department. Ask for written confirmation of the report and inquire about what measures are being taken. An employer has a duty of care and must take appropriate action to address the situation.
Consult the company doctor
If the bullying behavior leads to stress-related symptoms, sleep problems, or absenteeism, it may be necessary to involve the company physician . The company physician can not only provide medical support but also advise on appropriate interventions, such as mediation or temporarily adjusting the employee’s duties. If the work environment is structurally unsafe, this can also be taken into account in the reintegration recommendations.
Take legal action
If the employer fails to adequately address the bullying behavior and the situation persists, further legal action may be necessary. An employee can file a complaint with the SZW Inspectorate, especially if there is a systemic lack of safety. In serious cases, an employment law attorney can assist in filing a petition with the subdistrict court to terminate the employment contract on the grounds of serious culpable conduct by the employer. Compensation for damages resulting from the bullying may also be considered.
Conclusion
Bullying in the workplace should never be ignored. It has a profound impact on employees’ health, well-being, and careers. Fortunately, there are concrete steps that can be taken: from documenting incidents to seeking help from support services and, if necessary, taking legal action. Employers have a legal responsibility to take action and ensure a safe work environment. It is important for employees to know their rights and to actively defend themselves against unwanted behavior.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to help you if you have any questions about workplace bullying. Please feel free to contact us .
April 2025