Inappropriate and cross-border behavior in the workplace

Inappropriate and transgressive behavior are topical issues that are receiving attention in many sectors. The consequences of undesirable and transgressive behavior are profound, especially as these behaviors often take place in familiar environments, such as schools and workplaces. In this blog, we tell you more about undesirable and transgressive behavior in the workplace.

Inappropriate and cross-border behavior

Before going into more detail on the legal options when faced with unwanted or transgressive behavior, it is essential to define the terms. After all, people use the terms interchangeably in everyday language, but there is a difference between these behaviors.

Unwanted behavior can be defined as the behavior that a person qualifies as annoying or disruptive. In this situation, you find a person’s behavior undesirable or unpleasant, but your boundaries are not necessarily crossed. Nor are your boundaries according to social or legal norms crossed by this behavior. Examples of undesirable behavior include bullying, offensive remarks, or inappropriate comments (or ‘jokes’).

What is then understood by cross-border behavior is usually more challenging to define. After all, what is perceived as transgressive can vary from person to person as personal boundaries are crossed in the process. Also, undesirable behavior could turn into cross-border behavior. Therefore, an appropriate definition of transgressive behavior reads as any form of action or expression that crosses a person’s boundaries or rights. The behaviour can be physical, but also verbal. Moreover, different variations are conceivable, such as (sexual) harassment, excessive work pressure (psychosocial workload), discrimination, unwanted touching, verbal and physical violence, or abuse of power.

Cross-border behavior can turn into criminal behavior in certain circumstances. That depends on various circumstances, including the seriousness of the behavior and whether the behavior is against the law. An example of actionable transgressive conduct is sexual harassment. Our law firm can help you recognize cross-border behavior that has reached the limit of what is criminal. We are ready to advise you on the steps you can take, such as reporting it or initiating proceedings.

On the shop floor

Unwanted or cross-border behavior, unfortunately, also occurs in the workplace. You often see this behavior reflected in hierarchical relationships, for example, between the employee and his or her supervisor. For victims of unwanted and cross-border behavior, the consequences are often significant and long-lasting. Victims usually experience stress and a sense of anxiety. In the workplace, it is seen that this can reduce performance and cause absenteeism. These consequences ground themselves in a problematic nature, which lies in affecting and undermining someone’s physical or emotional safety.

A safe and healthy working atmosphere is therefore of great importance. Not only should there be an adequate response to undesirable or transgressive behavior, but above all, preventive measures should be taken to avoid such behavior. Under the Working Conditions Act, the employer is obliged to ensure this. To this end, the employer will have to pursue a policy to create and maintain a safe and healthy working environment. Otherwise, the likelihood of undesirable or transgressive behavior will increase or worsen. The policy applicable in a company regarding these topics can often be found in the staff guide.

Legal aspects in cases of unwanted and transgressive behavior – employee

If, as an employee, you are faced with unwanted or cross-border behavior, it is essential to raise the alarm. In that case, first, establish for yourself whether the behavior is unacceptable to you and whether the behavior has crossed your boundaries. If so, try to collect evidence of this behavior. It is then advisable to contact a confidential advisor or company doctor at work.

Moreover, Law & More’s lawyers are ready to provide you with legal support in this situation. As we know that such conditions can be complex and sensitive, we provide expert support and ensure that your case is handled with the necessary attention. Depending on your situation, we will assess which steps are most appropriate.

For example, our lawyers can send a formal letter to your employer discussing unwanted or cross-border behavior. We can also discuss with your employer to find an appropriate solution. In addition, in certain situations, there may be the possibility of holding your employer legally liable for breach of its duty of care as an employer. As already discussed in this blog, the employer must ensure a safe and healthy working environment. Suppose an employee subsequently encounters unwanted or cross-border behavior. In that case, the employer may need to care more to create a safe and healthy working environment. For example, the duty of care may have been breached if the employer did not take sufficient measures to prevent unwanted or cross-border behavior or did not take complaints about it seriously. Under these circumstances, the employer may be held liable for a breach of the duty of care. However, before taking any steps or initiating legal proceedings, assessing your legal position and evaluating what steps are appropriate in your situation is essential.

Legal aspects of unwanted and cross-border behavior – employer

As an employer, you may also encounter unwanted or transgressive behavior. Not only must you have policies in place to ensure a safe and healthy working environment, but you may also receive a report that your employee has been in a situation with unwanted or transgressive behavior.

As already discussed in this blog, an employer should have a careful policy regarding a safe and healthy working environment. For instance, the policy must show what measures the employer takes to prevent undesirable or cross-border behavior and what procedure is followed in case a report of such behavior is made. Likewise, the employer’s policy may include (periodic) information and instructions to employees on undesirable or cross-border behavior.

In the event that the employer does receive a report of unwanted or cross-border behavior, it is crucial to adopt a consistent and coherent approach in line with the employer’s policy on a safe and healthy working environment. When a report is made, the employer will have to investigate and assess it before taking a position. Investigating the report requires the employer to remain neutral and objective. The employer will also have to include the interests of all parties involved in its investigation and ensure that procedural steps, such as applying the adversarial principle, are observed. Indeed, all parties involved should be given the opportunity to tell their side of the story. This also promotes an impartial, independent, and transparent approach to a report. Following the investigation, the employer can then make a well-considered decision on the report. If necessary, this decision must be justified appropriately and provided with an appropriate measure.

In addition, the employer must take into account the possibility that the situation may end up in legal proceedings. For example, this could be the case if the employee believes that the employer did not take the report seriously, resulting in the employer breaching its duty of care. Once again, it is, therefore, essential that the employer takes a report of unwanted or cross-border behavior seriously and handles it carefully.

So when a report of unwanted or transgressive behavior is made, there is a lot on the employer’s mind. When you, as an employer, are faced with the consequences of undesirable or transgressive behavior, Law & More can guide you and advise you on the steps to take. Our lawyers can ensure that your decision is both legally sound and effectively contributes to a safe working environment.

Law & More

Inappropriate and transgressive behavior in the workplace is a serious but unfortunately common matter. Our law firm offers support in various areas for the employee and the employer. Based on your situation, our lawyers advise you on the most appropriate approach.

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