Attorney at law

Michelle Westhoeve

Specialisation

Michelle works as a lawyer in the Employment Law department. She deals with employment law in a broad sense and advises and litigates on matters such as co-determination, reorganisations, individual dismissals, flexible employment relations and issues concerning (collective) employment conditions. She is particularly interested in employee participation, especially in combination with corporate employment law: think mergers and acquisitions, major reorganisations and company closures. Advising both managements and works councils on these topics allows Michelle to oversee the whole playing field. This of course involves not only the purely legal perspective, but also the most practical approach, always keeping an eye on the mutual relationship between parties.

In addition to her specialisation in employment law, Michelle is also part of Ploum's privacy team. She regularly deals with privacy issues, especially when it comes to privacy in the workplace: for instance, camera surveillance, employee access control, alcohol and drug tests or accessing the mailbox of a potentially fraudulent employee. Because Michelle has extensive knowledge of the relevant obligations under privacy law as well as under employment and employee participation law, she can advise clients effectively and comprehensively.

Michelle assists both employers and employees and works councils. She regularly gives courses and workshops on various employment law and privacy-related topics for HR professionals, entrepreneurs, works council members and managers.

What clients say

‘Michelle Westhoeve and Kim Prooij are experts in this area of law – very productive, accurate and nice people to work with.’ – Legal 500 EMEA 2023

Background

Michelle holds master’s degrees in Civil Law (Erasmus University Rotterdam) and Employment Law (Leiden University). She joined Ploum in 2016 while studying, and since January 2018 Michelle has been working as a lawyer in the field of employment and privacy law. In 2022, she successfully completed the Postgraduate Course in Employment Law (PALA). In 2022, she spent time on secondment at a container terminal in the Port of Rotterdam, which makes Michelle have a good understanding of labour relations in that sector.

Michelle is a member of the Netherlands Employment Lawyers Association (VAAN), the Rotterdam Employment Lawyers Association (VRAA) and the Privacy Law Association (VPR).

Examples of recent work

Some examples of work Michelle has been involved in recently:

  • Advising and litigating on a major reorganisation for a large international company;
  • Advising a works council on a partial business closure;
  • Advising a works council on a company takeover;
  • Advising a company on possible future scenarios and the risks and opportunities regarding staff, the works council and trade unions;
  • Supervising a major company closure and the associated advisory process with the works council;
  • Advising on the use of freelancers in an organisation;
  • Conducting various Data Protection Impact Assessments for proposed workplace decisions, such as camera surveillance of employees;
  • Providing tailor-made workshops for a large company, including on employee participation and inappropriate behaviour in the workplace.

Publications

  • ‘Reactie op ‘De medezeggenschapsaspecten van de AVG’ – Verlies de WOR niet uit het oog!’, M. Westhoeve, TvAO 2018/4
  • ‘Overvallen en aansprakelijkheid: hoe voldoet een werkgever aan zijn zorgplicht?’, M. Westhoeve e.a., ArbeidsRecht 2016/17
  • 'Wordt de zieke werknemer beter van de Algemene Verordening Gegevensbescherming?', Mr. M. Westhoeve, TRA 2017/71

Memberships

  • Vereniging Rotterdamse Arbeidsrecht Advocaten (VRAA)
  • Vereniging Privacy Recht (VPR)
  • Vereniging Arbeidsrecht Advocaten Nederland (VAAN)

The Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister)

Michelle Westhoeve has registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister):

  • Employment law (arbeidsrecht)

Based on this registration, Michelle Westhoeve is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

Experise is more than legal knowledge

Knowledge of the law is relevant, but knowledge of the business is at least as important. Whether Michelle is advising a large multinational, an individual employee, a works council in the port sector or a small entrepreneur: in all cases, the advice must not only be legally correct, but also practical and immediately understandable. This requires no legal jargon, but clear language with clear action points.

Track record



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