Guide on how to handle reports of sexual misconduct
On 17 May 2023, Government Commissioner Mariëtte Hamer published the Guide to Reports of Sexual Misconduct in the Workplace. The Guide is a first step to help organisations deal with reports of sexual harassment. A must read for every HR employee.
The primary aim of the Guide is to assist organizations in appropriately handling reports of sexual misconduct, offering practical advice and strategies for effective intervention. It emphasizes the importance of thorough follow-up procedures and provides insights into various intervention methods.
The Guide outlines four key phases for addressing reports of sexual misconduct:
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Preparation (Phase 0): Organizations should be prepared to receive reports of sexual misconduct by establishing internal and external support systems, creating a code of conduct and reporting protocol, and implementing decision-making processes. This phase also stresses the importance of having impartial decision-makers involved in the handling of reports.
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Initial Response (Phase 1): This phase focuses on the immediate response to a report of sexual misconduct. It distinguishes between reports, signals, and formal complaints, emphasizing the need for prompt and thorough investigation regardless of the form in which the issue is raised.
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Follow-up (Phase 2): Phase 2 involves carrying out the chosen course of action with care and diligence. It provides guidance on various interventions, including informal conversations, corrective measures, mediation, and formal investigations. The Guide emphasizes the importance of tailoring responses to individual cases.
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Learning and Improvement (Phase 3): The final phase involves reflecting on the reporting process and learning from it to improve future responses to incidents of sexual misconduct. Organizations are encouraged to assess their procedures and make necessary adjustments.
Throughout the Guide, practical tips and recommendations are provided for each phase, empowering organizations to handle reports of sexual misconduct effectively and sensitively.
Furthermore, the Guide highlights the significance of having a code of conduct and a confidential advisor within organizations. It also underscores the impending legal requirement for organizations to have a mandatory confidential advisor, pending the adoption of the Mandatory Confidential Advisor bill by the Senate.
For further inquiries or to arrange an in-house workshop on this topic, organizations can reach out to Dies Siegers and Saskia Le Noble at info@vanbladeladvocaten.nl, who possess extensive experience in handling cases of sexual misconduct in the workplace.
