Free template · Updated May 2026
Anti-Retaliation Policy Template
A stand-alone anti-retaliation policy aligned with Articles 19 and 21 of EU Directive 2019/1937. Includes the 27-act prohibited conduct catalogue, the reverse-burden-of- proof clause, sanctions for retaliators, and the elevated-scrutiny rule for HR actions against reporters.
1. Purpose
[Organisation] is committed to a working environment in which any person can report concerns about wrongdoing without fear of adverse consequences. This Policy describes the conduct that is prohibited as retaliation, the protections that apply to anyone making or supporting a protected report, and the sanctions for anyone who retaliates.
2. Scope
This Policy applies to all employees, officers, directors, contractors, suppliers, shareholders, interns, volunteers, job applicants, and former employees of [Organisation] for up to 24 months after the end of the relationship. It also extends to persons who facilitate a protected report (colleagues, family, advisors) where they would otherwise be exposed to retaliation in [Organisation]'s control.
3. Definitions
Protected report means any report made under [Organisation]'s Whistleblowing Policy, to an external competent authority, or by way of public disclosure where the conditions of national law are met.
Adverse measure means any direct or indirect action that has, or could reasonably have, an unfavourable effect on the reporter or facilitator in relation to their employment, engagement, or other relationship with [Organisation].
Retaliation means an adverse measure taken because of, or materially influenced by, a protected report.
4. Catalogue of prohibited conduct
The following acts are prohibited as retaliation. This catalogue is not exhaustive; any direct or indirect adverse measure may qualify if it meets the definition in section 3.
4.1 Employment-relationship acts (Art. 19 explicit list)
- Suspension, lay-off, or dismissal, including constructive dismissal.
- Demotion or withholding of promotion.
- Transfer of duties, change of location, change of working hours, or change of duties.
- Reduction in wages, including withdrawal of bonus or commission.
- Withholding of training opportunities.
- Negative performance assessment or reference.
- Imposition of disciplinary measures, reprimand, or other penalty.
- Coercion, intimidation, harassment, or ostracism.
- Discrimination, disadvantageous or unfair treatment.
- Failure to convert a temporary contract to a permanent contract, where conversion would otherwise have been the standard practice.
- Early termination or non-renewal of a temporary contract.
- Harm to reputation, including disclosure on social media or in industry communications.
- Financial loss, including loss of business and loss of income.
- Blacklisting on the basis of a sector- or industry-wide informal or formal agreement.
4.2 Acts added by national case law (case-law extensions)
- Defamation through internal channels.
- Industry blacklisting through informal channels.
- Premature termination of fixed-term contracts.
- Denial of a positive reference, where peers receive one.
- Withdrawal of equipment, office, parking, or other working tools.
- Exclusion from meetings, project teams, or distribution lists.
- Social isolation by managers.
- Mental-health pressure: insinuating that the reporter "seems stressed" or should take leave.
- Performance Improvement Plans timed to the report.
- Denial of holiday or training requests that would have been routinely granted.
- Adverse changes to discretionary benefits.
- Threats of any of the above, communicated to the reporter or to third parties.
- Adverse measures against family members, partners, or colleagues who supported the reporter.
5. Reverse burden of proof
Where a reporter or facilitator alleges retaliation, [Organisation] applies the reverse burden of proof set out in Article 21(5) of EU Directive 2019/1937 and the corresponding national transposition. Once the reporter demonstrates a protected report and a subsequent adverse measure, the burden lies on [Organisation] to prove that the measure was based on duly justified grounds unrelated to the report. Line managers taking any of the prohibited acts against a known reporter must document the underlying business or performance grounds contemporaneously and must escalate any planned action affecting the reporter to the Head of Compliance for review.
6. Elevated-scrutiny rule for HR actions against known reporters
For 24 months following a protected report, any HR or management action against the reporter that falls within sections 4.1 or 4.2 requires:
- a written business justification prepared by the responsible manager;
- review by the Head of Compliance or a designated alternate;
- documentation of the review in the case file, including a comparison to peer treatment.
Where the Head of Compliance is unable to provide independent review (e.g., the action concerns a person reporting to the Head of Compliance, or the case implicates Compliance), the review escalates to the Audit Committee Chair or, in their absence, to the Chair of the Board.
7. Sanctions for retaliators
Retaliation is a serious breach of [Organisation]'s code of conduct. Substantiated retaliation will result in disciplinary action up to and including termination of employment. [Organisation] will, where appropriate, cooperate with external authorities and may report retaliation to the competent national authority.
[Organisation] may apply the following sanctions, in addition to legal proceedings:
| Severity | Typical sanction |
|---|---|
| First substantiated act, low impact | Written warning, mandatory training, recorded on personnel file |
| Repeated acts, medium impact | Final written warning, removal from management responsibility, loss of variable compensation |
| Severe or repeated acts, high impact (dismissal, public threats) | Termination for cause, claw-back of variable compensation, referral to competent authority |
8. Remedies for retaliated reporters
Where retaliation is substantiated, [Organisation] will work in good faith to remediate the harm to the reporter. Possible remedies include reinstatement, restoration of duties, restoration of compensation including back pay, correction of records, and a public correction of any defamatory statements. The reporter's consent is required for any remedy that involves further disclosure of their identity.
9. Investigation of retaliation claims
Retaliation claims are themselves investigated under [Organisation]'s investigation protocol, with the additional safeguards: the investigation is led by a person with no reporting line into the alleged retaliator, the reporter is kept informed of progress on a defined cadence, and interim measures (suspension of the disputed adverse measure pending investigation) are considered at intake.
10. Training and communication
All line managers receive training on this Policy annually. The training covers the 27-act catalogue, the reverse burden of proof, and the elevated-scrutiny rule. Completion is recorded in the LMS. Failure to complete training is itself a disciplinary matter.
11. Policy review
This Policy is reviewed at least annually by the Head of Compliance and the General Counsel and approved by the Board. Material amendments are communicated to all persons in scope.
12. Contact
Questions about this Policy may be directed to the Head of Compliance at [compliance@organisation]. Concerns about retaliation should be reported through [Organisation]'s reporting channel at [channel URL].
Adopted by [Organisation], date [yyyy-mm-dd]. Signed by [Name, Title]. Reviewed: [yyyy-mm-dd]. Next review: [yyyy-mm-dd].