Introduction
A safe work environment is essential for employee well-being and productivity. Yet, inappropriate behavior in the workplace is more common than many organizations realize. The confidential advisor plays an important role in identifying and addressing such situations at an early stage. Due to recent changes in the law, appointing a confidential advisor is becoming mandatory in an increasing number of organizations. But what exactly does this role entail, and what can you, as an employee or employer, expect from a confidential advisor?
What does a confidential advisor do?
Confidential advisors are there to assist employees in a confidential manner when reporting inappropriate behavior. Examples include:
- harassment
- discrimination
- bullying
- aggression or violence
These individuals serve as an accessible point of contact for employees who do not feel safe voicing their concerns to a supervisor or HR. By listening, offering advice, and, if desired, guiding employees through next steps, the confidential advisor helps create an environment where issues can be discussed before they escalate.
How can you consult a confidential advisor?
Employees do not need to ask for permission to contact confidential advisors. In fact, the barrier to access has been deliberately kept low, because everyone within the organization should be able to seek help on their own in cases of inappropriate behavior. The confidential advisor is not only there to listen but can also provide guidance on complaint procedures or refer employees to external agencies if necessary.
It is important that employees know who within the organization fulfills this role, and that they are made aware of this during, for example, onboarding or through the employee handbook.
Confidentiality and Independence
One of the most important principles guiding the confidential advisor is confidentiality. Everything discussed during a conversation remains strictly confidential, unless the employee explicitly gives permission to share the information. This makes it possible to raise sensitive issues without fear of repercussions.
In addition, the confidential advisor must be independent. Ideally, the person should not be in a hierarchical relationship with the person involved in the issue, so as to avoid any conflict of interest. Some organizations choose to appoint an external confidential advisor to ensure this independence.
The value to the organization
A confidential advisor is not only important for individual employees, but also contributes to the collective well-being of an organization. By identifying early signs of inappropriate behavior, the organization can take preventive action. This reduces absenteeism, improves the work environment, and minimizes legal risks.
In addition, the confidential advisor serves as an early warning mechanism: if recurring patterns are identified, the advisor can report them to management or the board—without sharing any personal data, of course. This enables the organization to implement targeted policies focused on social safety and cultural change.
Conclusion
The confidential advisor is an essential part of a modern and safe work environment. For employees, this role provides a safe outlet for reporting inappropriate behavior. For employers, it is a vital tool for identifying and resolving issues in a timely manner. With the upcoming requirement for organizations with more than 10 employees, the role of the confidential advisor will only become more important. So, as an employer, make sure you have an easily accessible, trained, and independent confidential advisor; and as an employee, know that you can turn to them and that your confidentiality will be maintained. This contributes to the organization’s success and reputation.
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 assist you if you have any questions about confidential advisors. Please feel free to contact us .
April 2025