Appointing a Confidential Adviser

Transgressive behaviour can occur in any organisation. It is therefore important that employees, as well as freelancers or volunteers, have the opportunity to speak confidentially and in an accessible way with a confidential adviser. In addition, a confidential adviser plays an important role in prevention by providing solicited and unsolicited advice to the organisation on policies and procedures and by providing information and training.

A confidential adviser focusing on transgressive behaviour has three core tasks:

  • Providing support and guidance to individuals who experiencetransgressive behaviour
  • Identifying signals of transgressive behaviour and advising managers
  • Informing and educating managers and employees

A confidential adviser may also act as a sounding board for managers or bystanders in the event of incidents. They may also support someone who has been confronted with or accused of transgressive behaviour. Some organisations appoint a separate adviser for accused individuals. A confidential adviser always supports the person they are assisting and can never support different parties involved in the same incident.

Mores offers a safety net of confidential advisers for anyone in the cultural, creative, and media sector who experiences transgressive behaviour and cannot or does not wish to contact a confidential adviser within their own organisation. However, Mores does not act as an external confidential adviser for (affiliated) organisations and, in principle, does not report to individual organisations. It is therefore important that organisations appoint one or more confidential advisers of their own.

Points of Attention When Appointing a Confidential Adviser

External and/or Internal Confidential Adviser

Organisations can appoint one or more external and/or internal confidential advisers. When deciding whether to appoint an external or internal confidential adviser, factors such as the size of the organisation, budget, and the capacity to train confidential advisers internally play a role.

An external confidential adviser is someone from outside the organisation. This person does not have a direct working relationship with employees and can therefore offer a higher degree of objectivity and independence. This may be particularly relevant for smaller organisations or organisations with a strong hierarchical structure. A possible limitation of an external confidential adviser is that they may be less visible and accessible within the organisation. It is therefore important that organisations actively communicate about the availability and working methods of the external confidential adviser.

An internal confidential adviser has the same role and responsibilities as an external confidential adviser but is also an employee of the organisation and often fulfils this role alongside other duties. This can contribute to accessible and low-threshold support for employees, as this person is familiar with the organisational culture and internal processes. A possible disadvantage is that employees may hesitate to come forward if the confidential adviser works closely with individuals who may be involved in transgressive behaviour. In addition, the employer must provide time and resources for training, continuing education, and peer consultation.

When appointing an internal confidential adviser, it is important to note that board members, senior management, HR staff, or managers cannot fulfil this role. Due to their responsibilities for ensuring a safe working environment, they must act on reports or signals of transgressive behaviour and therefore cannot guarantee the confidentiality that a confidential adviser can provide.

Some organisations choose a combination of an internal and external confidential adviser to benefit from the advantages of both options.

Please note: an internal confidential adviser is not the same as a confidential contact person. A confidential contact person is a role within volunteer-based organisations, where a volunteer can offer a listening ear and refer individuals after completing a short course. A (external) confidential adviser is still required to provide further support where necessary.

Positioning and Agreement for the Confidential Adviser

It is important to formalise several aspects in an agreement, as these are not regulated by law. To ensure that the confidential adviser is properly positioned, they must have internal privilege and confidentiality obligations. This means they are not required to answer questions within the organisation that could compromise confidentiality. External legal privilege, such as that granted to doctors or lawyers, is not regulated by law for confidential advisers.

It is also important to provide protection of the confidential adviser’s legal position, for example comparable to that of works council members.

In addition to agreements about the rights and responsibilities of the confidential adviser, it is important to make arrangements regarding their visibility, accessibility, and preventive role. The book The Proactive Confidential Adviser by Karin Bosman provides tips on positioning the confidential adviser as a strategic compass for the organisation.

Confidential Adviser for transgressive Behaviour and/or Integrity

The role of confidential adviser for transgressive behaviour is often combined with the role of integrity adviser (for example regarding fraud, theft, or misconduct).

Registered Confidential Adviser

“Confidential adviser” is not a protected professional title; anyone may call themselves a confidential adviser. To ensure the best possible support for individuals experiencing transgressive behaviour within your organisation, we recommend appointing a registered confidential adviser.

A registered confidential adviser has completed accredited training and an examination, is required to undertake continuing professional education and peer consultation, and adheres to the code of conduct of the National Association of Confidential Advisers (LVV).

Organisations can appoint an external registered confidential adviser or train an internal employee to become one. An overview of registered confidential advisers and accredited training programmes can be found on the website of the National Association of Confidential Advisers (LVV): www.lvv.nl.

Confidential Adviser in Volunteer Organisations

Volunteer-based organisations sometimes appoint a confidential contact person within the organisation. This person provides initial support, a listening ear, and referrals. Because a confidential contact person cannot provide support during formal complaint procedures, it is important that a registered confidential adviser can also be engaged.

In some municipalities, it is possible to make use of an external confidential adviser provided by the municipality. If this is not available, organisations can appoint an external confidential adviser themselves. The Dutch Association of Volunteer Organisations offers a short training programme for confidential contact persons (in Dutch): NOV – Platform for Voluntary Engagement.

The Sesam Academy offers registered confidential advisers and advisory services for volunteer organisations at a socially responsible rate: https://sesamacademie.nl/contact/