Undesirable behaviour in the workplace includes various forms of undesirable behaviour, such as sexual harassment, aggression, violence, bullying and work pressure. The employer has an important role in preventing and addressing this behaviour, with various legal obligations. Reports of undesirable behaviour should be handled carefully. Below you can read our main do’s and don’ts.
Do’s
- Having a code of conduct
- Following internal procedures
- Investigate: consider an external investigator
- At least investigate if the accused is a manager
- Ensure both sides (applicant and accused) are heard
- Record everything in writing (also applies to process decisions)
- Seeking legal advice
- Acting decisively
Don’ts
- Immediately suspended or dismiss the accused employee
- Internal/external communication
- Treating employees unequally (implementing inconsistant policy)
- Making disruptive decisions based on rumours
- Waiting to record statements until dismissal proceedings
- Letting too much time pass
Want to know more about this topic? Then also read the article ‘Undesirable behaviour in the workplace: Laws, definitions and recent court rulings’.
Team employment law
Lexence’s employment law team works with international companies and non-profit organisations. Our expertise covers all facets of employment law and we offer guidance on transgressive behaviour, labour disputes, incapacity for work, and reorganisations. Both advice and legal proceedings are our daily practice. Our services cover various industries, including retail, healthcare, food, transport, energy, finance and manufacturing. At Lexence, we strive for a personal and practical approach, without unnecessary bureaucracy. We understand the need for efficiency and agility, being entrepreneurial ourselves. Find out more about the employment law team click here.
Do you have a question on this topic? Please email f.damen@lexence.com and/or s.dekker@lexence.com.