Misconduct in the workplace is behaviour that an employee experiences as threatening, humiliating, hurtful or unsafe. This includes matters such as bullying, sexual harassment, aggression, discrimination and systematic exclusion. This is different from a report about fraud or another breach: misconduct concerns the interaction between people, whereas a breach concerns the violation of rules or laws.
The distinction is important because it determines which route a report follows. A report about a breach, for example fraud, a safety risk or the violation of a law, falls under the reporting procedure that stems from the European whistleblower directive. A report about misconduct often goes to a trusted contact or a manager in many organisations, although an employer can also choose to have this type of report come through the same channel.
The forms it can take
Misconduct is a broad concept. It includes bullying, gossip and deliberately excluding a colleague. It also includes sexual harassment, unwanted touching and remarks of a sexual nature. Furthermore, aggression, threats and discrimination on the basis of, for example, origin, age, gender or religion are covered. What these forms have in common is that the employee experiencing it no longer feels safe to do their work.
Whether behaviour is experienced as misconduct is up to the person reporting it. Signalo does not assess any report and does not qualify behaviour; that is and remains the responsibility of the employer, and where necessary a court or other competent authority.
Where these reports belong
Many SMEs have a separate route for misconduct: a trusted contact who thinks confidentially, separate from the formal reporting procedure for breaches. Other organisations choose to have both types of reports come through one channel, with a clear referral to the right handler. Both setups occur; what works best depends on the size of the organisation and what is already in place.
For the statutory reporting obligation concerning breaches, fixed deadlines apply: acknowledgement of receipt within seven days and information about the assessment within three months. For reports about misconduct, such statutory deadlines do not exist in the same way, although speed is also important there for employees' trust in the organisation.
What an employer can establish in this regard
It is advisable for an organisation to describe in the reporting procedure what constitutes a breach and what constitutes misconduct, and which route applies to each. This prevents an employee with a report falling between the cracks, and it helps the handler to take the right step quickly. the explanation by subject in the knowledge base goes into the different routes and what is involved.
Those who want to know whether the statutory reporting obligation for breaches already applies to their own organisation can verify this with the free check in a few questions. For those wondering how a reporting channel is exactly structured and where the information on signalo.eu comes from, this is explained on the page about how the platform works.
What this means for your organisation
For most smaller employers it is practical to be clear in advance about which type of report goes where, even if there is not yet a separate channel for misconduct. This way an employee always knows where to turn, and no one has to first figure out whether something is a breach or misconduct before taking a step. For questions about your own situation, it is advisable to consult a lawyer, the occupational health service or a trusted contact; signalo.eu structures the process, but does not assess any report.
Curious how this applies to your organisation? Do the free quick scan or read the other topics in the frequently asked questions to see exactly what is required.