Domestic abuse is alarmingly prevalent in the UK with 2.1 million people aged 16 years and over experiencing domestic abuse in the year ending March 2023 – that’s around 1 in 5. Employers should consider the impact of domestic abuse on employees as part of their duty of care and put procedures in place to support them.

A broad definition of domestic abuse includes physical violence or threats, sexual, emotional, economic/financial and psychological abuse, as well as controlling and coercive behaviour.

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. Their physical and mental health could suffer, they may need to take time off for recovery or to attend legal appointments, their productivity could decline, they may be worried for their safety at work, and they could also face financial difficulties.

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. 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.

Workplace Domestic Abuse Policy

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 duties 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.

https://www.bannerjones.co.uk/