#MeToo and the friendly corporate culture

Five years ago we were introduced to the hashtag #MeToo. Attention to (sexual) inappropriate behavior in the workplace has increased since then and in case law we see that since #MeToo, sexual inappropriate behavior has increasingly led to the termination of the employment contract. Moreover, judges in such cases are increasingly ruling that there is (seriously) culpable conduct by the employee.  

FHI HRM current affairs seminar
There is a lot to write about sexual misconduct in the workplace and how to deal with it. For example, it is very important that a careful investigation takes place before employment law conclusions can be drawn and it must be clear to employees that certain behavior is not permitted.  

During the FHI HRM current affairs seminar on Thursday, November 10, Lise van den Heuvel explains FHI Advice more about how to act in case of sexual misconduct in the workplace.

Defense
In this article we focus on the defense that employees often put forward that there is an informal or 'loose' corporate culture within the company. Defendant employees then argue that employees within the company interact with each other in an amicable and casual manner or that sexually suggestive comments and jokes are often made in the workplace. The excessive behavior fits or arises from the corporate culture, according to the employees' defense.  

We see that such a defense is increasingly rejected by the courts. Nowadays, when the employee crosses a clear boundary - even if the employer has looser etiquette - this is almost always a reason to terminate the employment contract.  

Employer's task
Of course, this does not mean that employers no longer have a role to play here. After all, the Working Conditions Act includes an obligation that employers must ensure a safe workplace and prevent so-called 'psychosocial work strain' on employees. This includes preventing or limiting sexual harassment. 

After the broadcast of BOOS in January this year about the abuses in the TV program 'The Voice of Holland' there was a loud call for cultural change in the public debate. It became clear that it is important, among other things, that employees feel free to report abuses or inappropriate behavior. It turned out that simply setting up reporting points is often insufficient.

Enter into conversation
In any case, it is important that signals of inappropriate behavior are taken seriously and that sufficient attention is paid to it at the top of the company. Managers should then enter into discussions with staff on the work floor about what behavior is and is not acceptable. In addition, it remains important to intervene when employees cross the line. Depending on the severity of the violation and the applicable policy, the labor law sanction can range from a warning to summary dismissal.  

If you would like more information or advice on this subject, please email Lise van den Heuvel legal@fhi.nl or contact her by telephone on 06 – 234 922 48.