Protocol: Responsibilities and pathways

A protocol addressing transgressive behaviour does not only describe rules of conduct, but also outlines the responsibilities of different roles within the organisation regarding social safety and the possible pathways available to reach a resolution when transgressive behaviour occurs. As an employer, it is important to consistently follow the policies and procedures set out in your framework.

Manager or Client / Commissioner

The manager or client/commissioner is responsible for providing a safe working environment and plays a role in prevention, responding to signals, and aftercare.

Prevention

  • Encouraging conversations about wanted and unwanted behaviour to establish clear standards and define what is considered acceptable within the organisation
  • Creating a psychologically safe working environment
  • Being familiar with the pathways and procedures employees can follow when experiencing transgressive behaviour, so employees can be properly supported

Responding to Signals

  • Supporting employees who experience transgressive behaviour
  • Applying the principle of hearing both sides
  • If not directly involved, mediating between those involved
  • Having knowledge of options such as investigations or filing a report with authorities
  • Enforcing agreements and implementing disciplinary measures when necessary

Read more in the guideline Responding to Signals about dealing with signals of transgressive behaviour.

Aftercare

  • Organising aftercare for employees involved in incidents of transgressive behaviour

Read more in the guideline Aftercare about aftercare as a first step towards prevention.

HR or Human Resources

HR or Human Resources supports management or the executive board in creating a safe working environment. Their responsibilities include:

  • Advising managers/commissioners about safe workplaces, inappropriate behaviour, and specific cases
  • Supporting employees who experience inappropriate behaviour
  • Advising managers/commissioners about employment law measures

Executive Board or Management

The executive board or management holds ultimate responsibility for creating and safeguarding a safe working environment. This means they have an explicit role as role models. The executive board or management:

  • Provides resources (time and budget) for policies and interventions
  • Implements preventive, corrective, and restorative policies
  • Enforces policies aimed at creating physical, social, and psychological safety, and regularly evaluates these policies

Reporting Pathways

Informal Pathways

Informal options to stop transgressive behaviour include:

  • Facilitating a conversation between those involved
  • Mediation through a facilitated conversation led by a third party
  • Mediation by a qualified mediator
  • Team interventions, such as team coaching or training

Read more in the guideline Mediation, Mediation Processes and/or Team Interventions.

Formal Pathways

Formal options to report transgressivebehaviour include:

  • Filing a complaint. Organisations should establish a complaints procedure. Even without a formal complaints procedure, individuals can still submit a formal complaint to the organisation.
  • Taking legal action, such as initiating court proceedings or filing a report or formal complaint with the police.
  • Contacting an external supervisory body or organisation. In cases of discrimination, it is possible to request an assessment from the Netherlands Institute for Human Rights. In cases of suspected societal wrongdoing, individuals can contact the Dutch Whistleblowers Authority.

Contact

Do you have questions or would you like to discuss your situation? Please contact our advisors via advies@mores.nl.