1 in 4 women and 1 in 7 men in England and Wales will experience domestic abuse in their lifetime.

75% of domestic abuse victims are targeted at work

21% of victims take time off work as a direct result of abuse.

The Domestic Abuse (Safe Leave) Bill was introduced to Parliament this week.

With domestic abuse having serious and detrimental impacts on survivors’ safety and wellbeing, domestic abuse is also costly for employers.

Domestic abuse costs the economy millions each year through unexpected absences and lost wages.

The Bill is being introduced to support survivors and help employers foster a safe workplace.

Overview of the Bill

The proposal is that the bill would create a new right to 10 days of paid safe leave for people experiencing domestic abuse to address issues related to that abuse.

For example, the leave could be used for time finding a place of safety, dealing with childcare, attending court, or counselling sessions.

Current Employer Practices

Particularly after the COVID lockdowns employers have become increasingly more aware of how important their workplace can be as a safe space. Workplaces can be key roles for people to give access to resources, seek help, and start rebuilding.

Whilst the new law is being proposed, some employers already actively support staff who have experienced domestic abuse. For example, Vodafone and BP reportedly already offer paid leave policies for domestic abuse victims.

This bill is being proposed to support people as they navigate the challenges of leaving abusive situations and better support the healing journey.

However, the UK would not be the first to introduce paid leave for victims of domestic abuse. Northern Ireland in 2020 passed legislation guaranteeing survivors of domestic abuse 10 days’ paid leave. Similarly, Northern Ireland is not alone, as similar laws exist in Australia, New Zealand, and the Philippines.

Importance of Safe Leave

In situations of abuse, the importance of Safe Leave could help give victims time to seek help and start the process of healing.

The right to paid leave can help victims not face further difficult decisions of choosing between their safety and their wages and jobs.

Paid leave can help employers understand the cause of absences and prevent unnecessary and time-consuming sickness absence management processes. As often victims have to call in sick and face fear of repercussions to escape their abusers.

However, whilst giving the right to 10 days paid leave, there are still pitfalls in the proposals.

By stipulating 10 days could lead employers to consider that escaping and recovery is a 10-day maximum task. Each victim’s situation will be different, and employers must recognise that the escape and healing process is not always straightforward. Employers should recognise the need for flexibility in supporting staff.

The bill giving the right to paid leave still hinges on employees feeling confident about disclosing that they are a victim of domestic abuse. Employers must recognise that they need to foster a culture of compassion, empathy, and privacy, to instill trust for the employees that by disclosing their situation to their employer they will get the support they need.

Businesses also need to train their staff on the circumstances in which the law will apply and how each situation will be assessed, as well as appropriately planning the costs to their business of this possible new obligation.

Supportive Measures

Survivors often face ongoing challenges and each situation’s issues is different. From childcare worries, financial issues, trauma, court battles, and more.

Whilst the new law could give a stronger foundation to this commitment to time off, the best practice would be to recognise that paid time off is just one tool for support.

Support may also include:

• Training HR and management teams to recognise and respond appropriately to domestic abuse signs
• Provide guidance and support to staff on how to deal with issues that may arise from abuse, such as absences or performance issues.
• Having clear domestic abuse policies for staff to access support
• Offering practical support such as access to safe spaces, and signposting to agencies.
• Upholding values of privacy and confidentiality for staff accessing support
• Be flexible and compassionate.

If you need advice on managing employees in the workplace and want to find out more about our training or providing tailored domestic abuse policies. Bhayani Law’s dedicated team of HR Specialists and Employment Lawyers are on hand to help guide you. If you have any questions or are looking for tailored advice, reach out to the team today on 0333 888 1360 or email us at [email protected].

Our expertise covers all aspects of HR compliance to ensure that your business adheres to UK employment law while fostering a fair and professional workplace.