Be prepared for a report of misconduct; have a plan ready to act and remember that every situation is different. This is what government commissioner Mariette Hamer writes in the Handreiking Reports of sexually transgressive behavior in the workplace, published on Wednesday.
The manual has been awaited for a long time. What are the most valuable recommendations and can they actually help to better protect employees?
1 Why this handbook?
More than a year ago, former chair of the Social Economic Council Mariëtte Hamer was appointed government commissioner for sexually transgressive behavior and sexual violence. She was appointed in response to abuses in TV programs, among other things The Voice of Holland and football club Ajax.
2 What’s in it?
Hamer makes 29 recommendations for organizations on how to deal with transgressive behaviour. There are three phases, says Hamer, with in practice a preceding phase 0. That phase is about preparation: having a plan when reporting transgressive behaviour. Phases 1 to 3 deal with the decisions regarding the report, the handling and the evaluation.
Although the recommendations may sound like a collection of open doors, according to Hamer, many companies are often surprised by a report of inappropriate behavior and then panic. The guide should give organizations more clarity so that they know what they can do in such a situation and thus prevent suffering for both those reporting and accusing them. According to Hamer, this is a ‘prototype’ that must be tested in practice and will be adapted where necessary.
3 What are the most valuable recommendations?
It is very useful that Hamer lists possible ‘interventions’, says organizational psychologist Aukje Nauta. In the event of a report, employers can, among other things, initiate an informal conversation between the reporter and the accused. If that does not work, they can, for example, proceed to a corrective interview, mediation or an investigation. “It is good that managers know what the options are.”
In addition, it is good that Hamer recommends that an organization establish a code of conduct together with employees, says Nauta. “A discussion about the code of conduct is instructive for the entire organisation. The conversation about how we treat each other should actually take place continuously.”
You may wonder whether a written guide will lead to better behavior
Aukje Nauta organizational psychologist
Hamer also advises organizations not to act hastily and not to immediately initiate an external investigation. That can sometimes make the situation worse, she says. “I totally agree with that,” says Nauta. According to the organizational psychologist, conducting an external investigation can sometimes be a form of avoidance behaviour. “As an employer, you are thereby deferring your responsibility to act immediately. While you just have to work for yourself. That is why, as Hamer says, it is good to start with an informal conversation within the organization.”
For Marjan Olfers, a lawyer specializing in transgressive behaviour, Hamer’s most important recommendation is: give the reporter time and attention, ensure a good first interview. “You can take away a lot of suffering by listening carefully to someone. Being taken seriously is a big part of the coping process.”
4 What is missing in the manual?
The guide appears to be about relatively simple situations, says Olfers. “That makes sense, Hamer is trying to cover the majority of the reports about transgressive behavior in this way.” But the question is, she says, whether this guide will also suffice in more complex cases, in which criminal law could also play a role.
I would advise executives to take this very seriously
Marian Olivers lawyer specialized in transgressive behaviour
In addition, according to Olfers, the guide does not really address the question of what should happen if it is the manager himself who exhibits transgressive behaviour. “If that is the case, there must be an external investigation. The internal handling of such reports leads to the appearance of partiality.”
One of the tips states that organizations must ensure that sexually transgressive behavior is prevented by paying attention to a safe work culture. “But what exactly is that and how do you do it?” says Nauta. “That remains unclear in the handbook. While it is very important. Because if the work culture is safe, then you don’t even need this whole guide.”
As far as Nauta is concerned, it is most important that organizations engage in intervision. This means that colleagues in a group of about six to eight people meet regularly to discuss dilemmas. “That is a preventive approach that does not have to be about sexually transgressive behavior, but it does create a basis for a work culture in which it is accepted that people speak out.”
5 Will this guide help better protect employees?
Nauta: “You may wonder whether a written guide will lead to better behavior. A prescription has never changed anyone. But it is good that the manual is there. I think many SMEs are not aware of how this kind of thing works. They can take this and inform themselves.”
Olfers: “Although the guide has no legal status, I think it will form an important basis for the interpretation of our standards of conduct. I would advise executives to take this very seriously. If cases have to be solved legally, the judge will check in the future whether the steps in the guide have been followed properly.”