Disclaimer: This article discusses domestic abuse, a sensitive and distressing topic.
The latest data from the Office for National Statistics (ONS) , published 27 November 2024, reports that 2.3 million people aged 16 years and over suffered from domestic abuse in the year ending March 2024. The figures show that it remains predominantly women who are the victims with 1.6 million affected. However, it affects men too, as the publication reports that 712,000 men were victims in the same period.
Domestic abuse can in fact become a workplace matter; it could be your employee is a ‘home worker’ and therefore works whilst their abuser is in the home. Or it could be that both parties work for the same employer, making the victim feel uncomfortable in the workplace, not just at home. This is why it is so important for employers to create a safe and supportive working environment.
However, that is not all, there is an implied term in the employment relationship that places a legal duty on the employer to protect the health, safety and welfare of their employees. There are other legal duties too, such as the new duty to prevent sexual harassment in the workplace, as well as general harassment. So, taking proactive steps in addressing this serious issue is essential, as well as being the right thing to do.
What is the current law relating to domestic abuse?
The Domestic Abuse Act 2021 is wide ranging providing protection from all forms of abuse, whilst also providing measures in which to tackle perpetrators.
It defines domestic abuse as being physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and/or psychological, emotional, or other abuse. The scope of the Act covers domestic abuse between individuals who are partners or family members and includes people who are or have previously been married or in a civil partnership, in relationships, have a child together or who are relatives.
There is also a new legal duty under the Equality Act 2010 on employers to take reasonable steps to prevent sexual harassment during the course of employment. So, for example, if you have a home worker who has confided in you about their circumstances, then you must take the reasonable steps to protect them from sexual harassment “whilst at work”, which in this case, is their home (examples of what steps could be taken are set out further on).
What is the Domestic Abuse (Safe Leave) Bill?
Earlier this month, a new private member’s Bill was introduced into Parliament by Labour MP for Gloucester, Mr. Alex McIntyre MP, known as the Domestic Abuse (Safe Leave) Bill. In his statement at the time of introducing the Bill, Mr. McIntyre called domestic abuse as a “national emergency” and referred to a case in his own constituency back in 2014 in which a young woman was murdered at work by her boyfriend after months of obsessive behaviour, jealousy and harassment.
This new Bill, which if became law, would provide employees who are victims of domestic abuse with up to 10 days paid leave each year to support in dealing with the many challenges experienced when trying to leave the relationship.
The ability to take time out from the workplace without it impacting on the person’s income would be a significant source of support. In Mr. Alex McIntyre’s speech to Parliament, he said that in a Women’s Aid report (The Price of Safety), it found that it could cost almost £50,000 for a survivor of domestic abuse to leave their abuser.
What will the Bill mean for HR departments?
We know that domestic abuse can become a workplace matter. It is vitally important for employers to take the necessary steps to create and foster a safe and supportive working environment for everyone.
As with any new law that is introduced, HR must be prepared. However, our advice is irrespective of whether the Bill becomes law; creating a supportive workplace culture is important regardless. Our advice, in respect of supporting victims of domestic abuse in the workplace include:
- Financial planning: If the Bill does become legislation, then this new entitlement will have direct cost implications, and the business will need to consider the impact of the pay and time out of the business and factor this in when budgeting.
- Develop a clear policy on domestic abuse leave: Having a clearly written policy not only provides clarity to your employees about their entitlements, should it become a right, but it also helps to support the safety and wellbeing of your employees. Any policy should outline the eligibility criteria for any statutory leave and pay, the amount available, the procedures for requesting and taking leave and other forms of support available.
- Adopt safe working practices: It is no good having a policy without working practices that accompany it and foster a safe working environment. Consider things such as:
- – Having a specific emergency contact who is to be contacted specifically in relation to domestic abuse (it may or may not be the person who is already identified on personnel records).
- – Agreeing a code word or phrase that can be used so that the person’s line manager instantly knows that their employee needs help and can take the necessary steps to call emergency services.
- – Offer flexible working patterns or change in work location (if they are a home worker).
- – If they must work from home adjust your methods of communication with the employee to prevent the abuser from monitoring their emails.
- – If both parties work for the organisation, ensure records referencing the situation are password protected.
- – Arrange for written correspondence to be sent to an alternative address as identified by the employee.
- – Divert your employee’s phone calls and/or emails or change their phone number, if they are receiving harassing calls at work.
- – Agree with the employee what to tell colleagues, security, reception, and how they should respond if the abuser attends the workplace or telephones the employee at work.
- – Support the employee in their request to obtain a protection barring order that can cover the workplace.
- – Keep records of any incidents of abuse in the workplace including persistent telephone calls, emails or visits to the workplace, or any other concerns that are raised.
- – Allow the use of company equipment during breaks for the employee to make personal calls, or access websites for seeking support.
- Train managers and employees on the policy: Managers need to be able to recognise the signs of domestic abuse and know how to support employees who are experiencing it. Employees need to be aware of their rights to safe leave and how to access it.
- Ensure that employees’ privacy is protected: HR departments need to take steps to ensure that employees’ personal information is kept confidential. This may involve creating a separate process for handling domestic abuse leave requests and the use of passwords.
- Provide support services for employees: HR departments should be able to connect employees with resources such as counselling, legal assistance, and financial assistance.
Conclusion
The Domestic Abuse (Safe Leave) Bill represents an important step toward ensuring workplace support for domestic abuse victims. While it is still under consideration, HR professionals should proactively create supportive environments by implementing domestic abuse workplace policies, offering flexible arrangements, and training staff on best practices.
Employers have a legal and ethical responsibility to safeguard employees affected by domestic abuse. By preparing now, HR teams can foster safer workplaces, ensure compliance with employment laws, and ultimately, help employees escape abusive situations with dignity and security.
We’re here to help
At HR Solutions, we specialise in crafting tailored HR policies to protect your business and support your employees. Whether you’re starting from scratch or updating existing policies, our team is here to help.
📞 Contact our expert team today at 0844 324 5840 or complete a contact form on our website.
