Domestic Abuse – What can employers do to support employees?

Domestic abuse is alarmingly prevalent in the UK. Employers should consider the impact of domestic abuse on employees as part of the duty of care and put procedures in place to support them.

With the ONS reporting that 2.1 million people aged 16 years and over experienced domestic abuse in the year ending March 2023 – that’s around 1 in 5. This includes 1.4 million women and 751,000 men. Additionally, the police recorded 889,918 domestic abuse-related crimes in the same period. Despite these high numbers, it is believed that many cases still go unreported, making the true extent of domestic abuse even greater.

The Domestic Abuse Act 2021 contains a broad definition of domestic abuse, and this includes physical violence or threats, sexual, emotional, economic/financial and psychological abuse, as well as controlling and coercive behaviour. The Act applies where both parties are 16 or over and personally connected to one another (i.e. are, or have been, intimate partners or family members), regardless of their gender or sexuality.

 

What is the impact of domestic abuse on employees and the workplace?

Domestic abuse can have a profound impact on an employee’s performance at work, including with respect to their:

• Physical and Mental Health: Employees may suffer from injuries, chronic health issues, anxiety, depression, and post-traumatic stress disorder (PTSD), affecting their ability to perform their job effectively.
• Absenteeism: Employees may need to take time off to recover from injuries, attend court hearings, or seek medical and psychological support. Even when present, they may struggle to focus and be productive.
• Decreased Productivity: The stress and trauma associated with domestic abuse can lead to decreased concentration, lower productivity, and increased errors, with employees struggling to focus and be productive.
• Safety Concerns: There may be concerns about the abuser showing up at the workplace, which can create a safety risk for the employee and their colleagues.
• Financial Impact: Employees may face financial difficulties due to their inability to work, legal fees, or the need to relocate, or they may be directly impacted by financial abuse, which can also add to their stress and affect their work performance.

 

How can employers support employees facing domestic abuse?

Supporting an employee facing domestic abuse is crucial for their well-being and safety. Here are some key steps employers can take to support an employee experiencing domestic abuse:

1. Create a Safe and Supportive Environment

• Confidentiality: Ensure that any information shared by the employee is kept confidential. This builds trust and encourages them to seek support.
• Non-judgmental Support: Offer a non-judgmental and empathetic ear. Let the employee know they are not alone and that the employer is there to support them.

2. Provide Resources and Support

• Employee Assistance Programs (EAPs): Offer access to EAPs that provide counselling and support services.
• Flexible Working Arrangements: Consider flexible working requests and how these may help the employee manage their situation.
• Leave Options: Consider offering the option of paid or unpaid leave for employees who need time off to deal with legal, medical, or other issues related to domestic abuse.

3. Ensure Safety at the Workplace

• Safety Planning: Work with the employee to develop a safety plan that addresses their specific needs. This might include changing work locations, altering work schedules, or providing security escorts.
• Workplace Security: Enhance workplace security measures to protect the employee and their colleagues from potential threats.

4. Legal Support

• Legal Assistance: If you are able, offer information or signposting about legal resources and support which might be available to the employee.
• Time Off for Legal Proceedings: Consider allowing time off for employees to attend court hearings or other legal appointments.

5. Promote Awareness

• Awareness Campaigns: Conduct awareness campaigns to educate all employees about domestic abuse and the support available.
• Support Networks: Encourage the formation of support networks within the workplace where employees can share experiences and support each other.

 

An Employers’ Legal Duty of Care

Employers have a legal duty of care to their employees. This means that they need to comply with relevant health and safety and employment law, and the common law duty of care. Employers must ensure, as far as reasonably practicable, the health, safety and welfare at work of their employees, looking out for signs of domestic abuse and responding appropriately. The statutory guidance accompanying the Domestic Abuse Act 2021 states that employers should consider the impact of domestic abuse on employees as part of the duty of care they owe to their employees.

 

What should a Workplace Domestic Abuse Policy include?

As best practice, employers should have a comprehensive workplace domestic abuse policy to provide structured support to employees. Here are key elements that should be included in this policy:

• Statement of Commitment: A clear statement from the employer stating their zero tolerance policy on domestic abuse and expressing their commitment to supporting employees affected.
• Definition of Domestic Abuse: A detailed definition of what constitutes domestic abuse, including sexual, physical, emotional, psychological, controlling behaviour and financial abuse.
• Confidentiality Assurance: Assurance that any information disclosed by employees will be kept confidential and only shared on a need-to-know basis.
• Reporting Procedures: Clear procedures for employees to report domestic abuse, including multiple reporting channels (e.g. HR, direct managers, anonymous reporting).
• Support Services: Information about available support services, such as counselling, legal assistance, and EAPs.
• Flexible Working Arrangements: Details on how to make a flexible working request, leave options, and other accommodations that can be made to support affected employees.
• Safety Planning: Guidelines for developing personalised safety plans for employees, including workplace safety measures and emergency contacts.
• Training and Awareness: Commitment to regular training for managers and staff on recognising and responding to domestic abuse, as well as ongoing awareness campaigns.
• Non-Retaliation Clause: Assurance that employees will not face any retaliation or discrimination for disclosing domestic abuse or seeking support.
• Review and Update: A commitment to regularly reviewing and updating the policy to ensure it remains effective and relevant.

 

By taking these steps, employers can create a supportive and safe environment for employees affected by domestic abuse. This not only helps the affected employees but also fosters a compassionate and inclusive workplace culture which all employees will benefit from.

 

If you would like support with drafting the policy, advice on your duty as an employer or support with dealing with these matters as they arise, then please contact our Employment Law Team on employment@bannerjones.co.uk.

We can also help domestic abuse victims with advice on injunctions, child arrangements and where social services have concerns about your child. Please contact caresupportteam@bannerjones.co.uk

Legal Aid is available for domestic abuse injunctions and care proceedings. It is also available in some private children matters where there is evidence of domestic abuse.