Whistleblower and Reporting Procedure in Utrecht
A whistleblower is someone who exposes misconduct within an organization. The law provides protection against negative consequences.
What does Whistleblower mean?
A whistleblower is a person who reports (suspected) irregularities within a company or institution, internally or to an external authority.
Types of Misconduct
- Financial malversations and corruption
- Risks to health or the environment
- Violation of legislation
- Misleading authorities
- Safety risks
Protection for Whistleblowers
The Whistleblower Protection Act (2023) ensures that reporters are not disadvantaged by:
- Termination of employment contract or suspension
- Demotion or forced transfer
- Intimidation or exclusion
- Other adverse treatments
Internal Reporting Procedure
Companies with 50 or more employees are required to have an internal reporting procedure.
External Reporting
If an internal report is not possible or yields no result, an external report can be made to the House for Whistleblowers or a competent authority.
Legal basis: Whistleblower Protection Act
Local information Utrecht: For legal support, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55, or submit matters to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.
Frequently Asked Questions about Whistleblowing
When am I considered a whistleblower?
You are a whistleblower as soon as you report a suspicion of serious misconduct within your organization or to an external party such as the House for Whistleblowers. This may involve fraud, safety risks, or violations of the law. Proof is not required, but your report must be made in good faith. From that moment, you are legally protected.
What to do if my employer disadvantages me after a report?
If you experience negative consequences after a report (such as dismissal or bullying), you can contact the House for Whistleblowers for investigation and mediation. In addition, you can take legal action through the court, such as the District Court of Midden-Nederland in Utrecht. The law provides a right to protection and possibly compensation. Document everything, such as emails and witness statements.
Is an internal reporting procedure mandatory for my employer?
Yes, organizations with at least 50 employees must have an internal reporting procedure under the law. This means there must be a clear procedure for reporting misconduct, with a guarantee of protection. Smaller companies are also encouraged to do so. Ask your employer about the specific guidelines.
Can I report misconduct anonymously?
Yes, anonymous reporting is often possible, both within the organization and externally. The House for Whistleblowers supports anonymous reports, but they can sometimes be more difficult to investigate. Keep in mind that anonymity may affect the degree of legal protection, as your identity is not known.
What follows after reporting misconduct?
After your report, an investigation is conducted by the organization or the House for Whistleblowers. You will receive updates on the progress and results. During this process, you are protected against adverse consequences. If the misconduct is confirmed, appropriate measures are taken. Feedback usually follows within three months.