Introduction
Bullying in the workplace is an underestimated problem with often serious consequences for the victims. Not only does it affect job satisfaction and motivation, it can also lead to long-term psychological or physical complaints. CNV research shows that over a quarter of Dutch employees are bullied by colleagues and 16% even by their manager. Fortunately, the law offers handles 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 careful log. Carefully record the incidents: date, time, who was involved, what exactly happened and whether any witnesses were present. This record can later be invaluable as evidence, such as in an internal investigation or legal proceedings. The more concrete the information, the stronger the employee's position.
Engage in conversation
When the situation allows, it is wise to first initiate your own conversation with the person exhibiting the bullying behavior. Sometimes the behavior is unintentional and an open, honest dialogue can already lead to improvement. Provide a calm, safe setting and prepare the conversation well. If desired, a third party, such as an HR person, can be present as a moderator or mediator.
Engage the confidant
If the conversation is unsuccessful or if the situation feels too unsafe, the confidential advisor within the organization is the next point of contact. This official can offer support, advice and look at follow-up steps together with the employee. Think about filing a formal complaint or starting an internal procedure. The confidential advisor also has a duty of confidentiality, which guarantees a safe discussion environment.
Report it to the employer
Employers are required under the Occupational Health and Safety Act to combat psychosocial workload, including bullying. It is therefore important to formally report bullying behavior to the employer or HR department. Ask for written confirmation of the report and inquiries about what measures will be taken. An employer has a duty of care and must take appropriate action to address the situation.
Engage the company doctor
When the bullying behavior leads to tension complaints, sleep problems or dropout, it may be necessary to involve the company doctor . He or she can not only provide medical support, but also advise on appropriate interventions, such as mediation or temporarily adjusting the work. If the work climate is structurally unsafe, this can also be included in the reintegration advice.
Take legal action
If the employer fails to address the bullying behavior and the situation continues, further legal action may be necessary. An employee can file a complaint with the Social Security Inspectorate, especially if there is structural insecurity. In serious cases, an employment lawyer can help file a request for dissolution of the employment contract with the subdistrict court on the grounds of serious culpability on the part of the employer. Compensation due to bullying can also be considered.
Conclusion
Bullying at work 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 recording incidents to seeking help and, if necessary, legal action. Employers have a legal responsibility to act and ensure a safe work environment. It is important for employees to know their rights and actively defend themselves against undesirable behavior.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about bullying at work. Please feel free to get in touch .
April 2025
