Workplace Conflict: What Can Employers Do and How Do You Resolve It?
What to do during a workplace conflict? Practical tips for employers and HR
A workplace conflict is one of the most challenging issues for an employer or HR professional. What may begin as minor tension between colleagues or friction with a manager can quickly escalate into a deeply disturbed working relationship. But when does a conflict become legally relevant? What are your options as an employer? And how can you stay on solid legal ground?
This blog explains how to recognize, prevent, and resolve workplace conflicts in a practical and understandable way. We also cover the legal side, including dismissal based on the “g ground” (disturbed employment relationship).
What exactly is a workplace conflict?
The term “workplace conflict” is common in practice, but the law refers to a “disturbed employment relationship.” It has no strict legal definition. Case law typically describes it as a situation where trust between employer and employee has broken down, communication has failed, and collaboration has become virtually impossible.
Examples of situations that may lead to conflict:
Personality or expectation mismatches
Persistent criticism or unwanted behavior without improvement
A failed romantic relationship at work
Dysfunctional teams or clashing leadership styles
The role of HR: prevention is better than cure
Before resorting to legal action, open dialogue is essential. Misunderstandings can often be resolved through communication. HR plays a key role here, providing neutral support and facilitating a safe environment for addressing issues.
Tip: make sure your organization has a clear code of conduct and clear agreements on communication and collaboration. This helps identify problems early.
Mediation: a professional route for lasting tensions
If internal solutions fail, hiring an independent mediator is a smart next step. A company doctor may advise this, especially if stress-related illness is involved, but mediation can also be initiated independently.
Mediation allows parties to express emotions, clarify misunderstandings, and make forward-looking agreements. Sometimes, this restores the relationship. In other cases, it leads to a mutual decision to part ways.
When parting ways is the only option: settlement agreement (vso)
If mediation doesn’t work, or it’s clear from the outset that continued collaboration is impossible—a mutual termination agreement (vaststellingsovereenkomst, or vso) may offer a solution. It avoids court proceedings and allows custom arrangements on issues like the end date, compensation, and unemployment benefits.
Important: a vso must be carefully drafted. A poorly worded agreement can cause legal issues later on, for example, with the Employee Insurance Agency (UWV) or the court. We can help draft a watertight agreement.
Dismissal due to a disturbed employment relationship
If no agreement can be reached and cooperation is no longer viable, dismissal through court may be the last option. This is done on the so-called “g ground” (Article 7:669(3)(g) of the Dutch Civil Code).
A judge will only dissolve the contract if:
There is a lasting breakdown of the relationship
It is unreasonable to expect the employer to continue the employment
Reassignment within the company is not possible
No prohibition on dismissal applies (such as illness, pregnancy, or whistleblower status)
In other words: your case must be well-documented. That means: log everything, try to resolve the issue, and prove you followed all necessary steps.
Get proper legal advice during workplace conflict
Workplace conflicts can seriously impact your team, your reputation, and your finances. It’s essential to act wisely, intervene early, and ensure your position is legally sound.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to think along with you if you have questions about the topic of your VSO. Feel free to get in touch.
June 2025
