Domestic abuse is not always treated as a workplace issue. However, it impacts employee’s wellbeing, productivity and safety. Employers have a critical role in fostering a culture where abuse is recognised, survivors supported and perpetrators held accountable. Far too often the abuse remains hidden due to fear, shame or lack of awareness.
ONS statistics reveal that there are 2.3 million victims of domestic abuse a year aged 16 to 74 (two-thirds of whom are women) and more than 1 in 10 of all offences recorded by the police are domestic abuse related. Moreover, research by Women’s Aid evidences that the impact of domestic abuse on survivors is often significant and wide-ranging. This can involve to the development of long-lasting health problems, such as mental health issues including depression, anxiety and post-traumatic stress disorder and eating disorders
The Employers’ Initiative on Domestic Abuse (EIDA) reports that one in four women and one in seven men will experience domestic abuse in their lifetime.
The economic costs are alarming as lost productivity and absence linked to domestic abuse can be significant. Research by Vodafone and KPMG found that the potential loss of earnings per female victim of abuse is £5,800 each year, stemming from the negative impact on career progression. A Government review published in 2021 “Workplace support for victims of domestic abuse” asserted that UK businesses lose £316 million in economic output each year as result of work absences related to domestic abuse.
The pervasive nature of the issue became acutely apparent during the Pandemic when all our homes also became our workplaces. During the initial stages (April – June 2020), the charity Refuge reported a 65% increase in demand to its Helpline, and a 700% increase in visits to its National Domestic Abuse Helpline website.
Although there is no explicit statutory right to domestic abuse leave, the law offers some protection. An employer cannot dismiss an employee simply because they are a survivor of domestic abuse. A survivor may request flexible working arrangements (e.g., altered hours or working from home) to ensure their safety and manage the situation. If an employee is treated unfairly because of their experience of domestic violence (e.g., facing discrimination at work, being passed over for promotion), this could be considered indirect discrimination under the Equality Act 2010.
The statutory guidance accompanying the Domestic Abuse Act 2021 requires employers to consider the impact of domestic abuse on their employees as part of their duty of care. More specifically the Health and Safety at Work Act 1974 imposes a duty to protect employees from risks to their safety, which could include risks posed by domestic abuse.
In the absence of specific legal rights, it is incumbent on employers to take action through increasing the understanding and awareness of domestic abuse in the workplace, training programmes, signposting to specialist services or offering a safe space for employees.
There is no ‘one-size fits all’ approach. There is value in employers working closely with trade unions and organisations specialised in supporting survivors of domestic abuse in shaping the policy and approach.
The foundation is a comprehensive domestic abuse policy which sets out signs of domestic abuse, roles and responsibilities, education and training, steps to ensure safety in the workplace, as well as what the employer can practically offer in terms of financial assistance, flexibility and paid leave. It is clear that a policy will be more effective when it is embedded into wider organisational frameworks and cultures, so that it is both cross-referenced in HR policies and linked to approaches to diversity, inclusion, health, and wellbeing.
In addition, signposting is vital, for example, putting posters around the workplace, having a list of local service providers or specialist apps, counselling services, external resources such as support groups and legal assistance using intranet pages or staff communications. Domestic Abuse Champions who raise visibility of the issue and are trained to spot the signs of abuse and how to respond to and refer individuals are crucial. The “buy in” of senior management in raising the issue plays a key role in changing workplace culture and breaking down barriers.
There are growing calls for a more precise legal framework. The Government is sympathetic but has not endorsed amendments to the Employment Rights Bill currently progressing through parliament, which would require employers to take all reasonable steps to prevent workers from experiencing domestic abuse, and follow the example of Ireland, where the Domestic Abuse (Safe Leave) Act 2022, permits 10 days of leave as a legal right.
There can be no doubt that the empirical research makes for a compelling economic, moral and ethical case as to why employers must take the lead and take proactive measures.
