Domestic Abuse and Supporting Employees in the Workplace: Company Guidance

Introduction

Domestic abuse can destroy lives, leaving physical and emotional scars. It can vary in form and is not only physical, this can include, but is not limited to financial, emotional and psychological abuse including coercive control.

The Domestic Abuse Act 2021 defines domestic abuse as… ‘Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners OR family members, regardless of gender and sexuality. This can encompass but is not limited to the following types of abuse: psychological, physical, financial, sexual and emotional (Domestic Abuse Act, 2021).

In November 2023, the latest figures, to the year ending March 2023, found that around one in four women (27%) have experienced domestic abuse since the age of 16. For men, the figure is around one in seven (13.9%). For partner abuse only, the figures are 22.7% for women and 10.2% for men (ONS, 2023). 1 in 10 crimes reported to the police are logged as domestic abuse.

Organisations have a duty to take reasonable steps to protect the health, safety and wellbeing of their employees and to provide a safe working environment.

Types of Domestic Abuse

• Physical or Sexual Abuse – Pushing, kicking, slapping, punching, rape
• Violent and Threatening Behaviour – Hurting the victim, children or pets, any kind of behaviour that hurts or threatens
• Controlling or Coercive Behaviour
• Economic Abuse
• Psychological or Emotional Abuse

Legal Frameworks and Statutory protections for Employees

Although not specified in employment law, the following frameworks are in place to support employees who may be experiencing domestic abuse:

• Employment Rights Act 1996 (Protection Against Dismissal) – Employees experiencing domestic abuse are entitled to the same statutory employment protections as other employees. Employers should carefully consider the circumstances surrounding any conduct, attendance or performance concerns and explore appropriate support before taking formal action.
• Emergency Leave – Employees may be entitled to certain forms of statutory or contractual time off depending on the circumstances, and employers may also choose to provide additional support through workplace policies.
• Domestic Abuse Leave – Some employers may provide specific domestic abuse leave or allow employees to take sick leave or annual leave to recover or address the situation. This is at the discretion of the employer unless stated in the contract
• Protection from Harassment Act 1997 – Employees may seek protection under the Protection from Harassment Act if they are being harassed or stalked at work by their abuser. The Act allows victims to apply for an injunction and seek protection from further harassment.
• Flexible Working Rights – If an employee is experiencing domestic abuse, they may request flexible working arrangements (e.g., altered hours or working from home) to ensure their safety and manage the situation. While employees have a statutory right to request flexible working from day one of employment, employers must consider requests reasonably and respond in accordance with the statutory process.
• Equalities and Protection against Discrimination – Domestic abuse is not a protected characteristic under the Equality Act 2010. However, employees experiencing domestic abuse may be protected where the circumstances relate to a protected characteristic, such as sex, disability, pregnancy or maternity. Employers should therefore consider each situation on its individual circumstances and seek advice where appropriate.
• Health and Safety – Employers have duties under the Health and Safety at Work etc. Act 1974 to protect employees from reasonably foreseeable risks to their health, safety and welfare, including risks that may arise in the workplace as a result of domestic abuse.
• Support for Employees – Some organisations have policies in place to support employees who are victims of domestic abuse. These policies may include access to counselling services, domestic abuse helplines, or external resources such as support groups and legal assistance.

Although there is no explicit statutory right to domestic abuse leave, the law offers a range of protections and flexibilities to help employees affected by domestic violence. Employees are encouraged to discuss the issue with their employer in a confidential and supportive setting to explore what support may be available, recognising that limited information sharing may sometimes be necessary.

Identifying Victims of Domestic Abuse

There are signs that managers and colleagues can be aware of to identify if a colleague is experiencing domestic abuse. This includes:

• The employee receiving threatening phone calls and emails whilst at work.
• The employee may experience abuse when travelling to and from work
• Domestic abuse can affect an employee’s behaviour, performance, attendance, career prospects and job security.
• Employees can experience threatening or intimidating behaviour from the perpetrator.
• They may start to dress differently, for example excessive clothing on hot days, changes in the amount of make-up worn. For remote workers, identifying changes via video meetings.
• Domestic abuse is often a hidden problem, and individuals can find it very difficult to disclose. Some employees might not think they are experiencing domestic abuse and might not use these words to describe their experiences. However, they might talk about behaviour from their partner that is violent, abusive or coercively controlling.

Respond appropriately to disclosure

• Show empathy and compassion when responding to an employee’s disclosure of experiencing domestic abuse. Think about how you might best be able to do this if working remotely and how you might continue to show that support when you aren’t sharing a workspace.
• Believe an employee if they disclose experiencing domestic abuse – do not ask for proof.
• Don’t make assumptions about what someone is experiencing or what they need. This includes not assuming the gender of someone’s partner.
• Reassure the employee that the organisation understands how domestic abuse may affect their work performance and outline the support that can be offered.
• Make clear that although the aim is to ensure that your conversation will be confidential, some degree of information-sharing may be necessary (for example with their manager).
• There are a wide range of behaviours that constitute abuse and so it is important that employees are provided with training on what to look for.

Providing Support

• Make sure that line managers are checking in frequently with their line reports so that they can raise any concerns or worries, offer support such as flexibility, and signpost them to professional support. This is even more important for remote workers who are likely to feel more isolated and are potentially more vulnerable.
• Line managers should ask the individual about what support they need and regularly check in with that question, as the support they need may change over time as circumstances change.
• Ask the individual about the best way to keep in contact with them, for example which communication methods are private and which they have easy access to.
• Consider whether support can be provided through the Company’s Flexible Working Policy or Time Off Policy.
• Divert phone calls and email messages and look to change a phone extension if an employee is receiving harassing calls.
• Look at security measures, including how non-employees access the building to ensure people can’t just walk in. Ensure that information about the employee’s whereabouts is not available (such as on the organisation’s website).
• Agree with the employee if they want to disclose information to other colleagues and how they should respond if their abuser telephones or visits the workplace or is present during a virtual meeting.
• Ensure the employee does not work alone or in an isolated area and check that they have arrangements for getting safely to and from home.
• With the consent of the employee, you could agree code words, or hand signals in video calls, so if they don’t come into the office, or if they are in a threatening situation while working at home, there are set phrases both parties can say to enable them to flag if they are in danger
• Keep a record of any incidents of abuse in the workplace, including persistent telephone calls, emails or visits to the workplace or any concerns that the employee reports, as well as anything that occurs around the workplace, such as during travel to and from work or to meetings not held in the usual place of work. Also record the support offered.
• Share domestic abuse helpline posters (such as Refuge’s poster resources) in physical and virtual spaces (such as on the back of toilet doors, your intranet, and so on).
• Employees experiencing domestic abuse may need to leave their area of usual work to escape the perpetrator, and/or to receive additional support. In these cases, managers should work with the employee and senior staff to find ways for the survivor to keep their role or move to a comparable one. This may involve working in a different office, from home, and so on.

It’s important to note that some of these measures should only be used with the authorisation of the individual concerned. All support options should be survivor-centred, and the person’s wishes, safety and wellbeing should take priority in all matters and procedures.

Supporting Employees who are Perpetrators of Domestic Abuse

It should be recognised that perpetrators of domestic abuse may also be employees. Employers may have a role in signposting support and interventions where appropriate, while ensuring the safety and wellbeing of other employees and complying with workplace policies and legal obligations.

Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs) are legal measures used to protect victims of domestic abuse. If an employee has been subjected to such an order or notice, it may impact their work and attendance.

While employers must ensure the safety and wellbeing of all employees, they may also have a role in helping perpetrators seek support:

• Employee Assistance Programmes (EAPs): Employers can provide confidential counselling services or resources that support employees in addressing abusive behaviour, such as anger management or domestic abuse intervention programmes.
• Employers have the right to take disciplinary action if an employee’s behaviour (whether inside or outside of work) is deemed inappropriate or violates company policies, especially if it affects the safety or wellbeing of colleagues. This might include taking action for misconduct if the perpetrator’s actions at home are affecting the workplace.
• Harassment, Bullying, and Violence in the Workplace: If the abusive behaviour extends to the workplace, the employer may need to intervene under policies that address harassment, bullying, or violence in the workplace.
• Criminal Offences: If an employee is involved in domestic abuse as a perpetrator, they may face criminal prosecution. This could lead to them being dismissed from their job if they are convicted and sentenced to prison, or if they breach workplace policies.
• Family Court Orders: If the employee has been subjected to a restraining order, court orders for child custody, or related legal processes, the employer may need to consider how this impacts the employee’s work schedule or responsibilities.
• Data Protection and Privacy: Employers must also be cautious about privacy. The information about an employee being a perpetrator of domestic abuse should be handled sensitively and in accordance with UK GDPR and the Data Protection Act 2018.