By Kat McInnes

Do employers have a role to play in supporting employees affected by domestic abuse?

It’s a question a lot of employers are asking themselves at the moment.

In January 2021, the UK Department for Business, Energy and Industrial Strategy published its response to a consultation on how employees who are survivors of domestic abuse can be supported in the workplace. The response stated that the Government would consult on changes to employment rights to support survivors of domestic abuse, such as strengthening the right to work flexibly. The response was accompanied by an open letter to all employers from the UK Business Minister with a call to action to take steps to support employees. Various organisations (such as the Chartered Institute of Personnel and Development (CIPD) and Business in the Community) have also prepared guidance for employers in an attempt to shine a spotlight on the issue.

But is it a workplace issue? The reality is most employers will have employees who are impacted by domestic abuse – it can happen to anyone, regardless of their background, job role or economic status. The Office for National Statistics reported that one in four women and one in six men will experience at least one incident of domestic abuse in their lifetimes. Apart from the human impact, it also has an impact on the bottom line.

Research by Vodafone and KPMG estimates that domestic abuse costs businesses in the UK £316 million in economic output as a result of absences per year. The Trades Union Congress also found that abuse can so easily spill over into work, with 40 per cent of those surveyed being prevented from getting to work and for those who could, 75% were targeted at work by the perpetrator.

Work can still often be one of the only safe spaces for employees suffering abuse. The importance of those safe spaces may have become even more pronounced during lockdown as our home and workplace became one, unfortunately resulting in potential escape routes for so many employees being cut off. In this respect, the devastating impact of Covid-19 has been well reported by domestic abuse charities across the UK.

This is not to say that employers should be experts in domestic abuse, rather that they should have sufficient awareness and understanding of the issue to be in a position to support employees. Part of this involves developing an understanding of the dynamics of abuse and the ways domestic abuse can impact employees.

Employers can then take action – developing a domestic abuse policy, while understanding that it will need to be a flexible tool as each individual is different, is a good starting point. Taking these measures will be the first step towards embedding the supportive environment into the employer’s culture, ensuring that employees feel safe seeking help and also help to get around the stigma which still exists around domestic abuse in society.

As part of this, buy-in from senior leadership is important to lead from the top and raise awareness within the organisation. Training for staff and managers should be provided to let them understand the support which is available and to help them recognise signs of abuse. Importantly, this support should include referring and signposting employees to specialist external support services, particularly local services. The employer can then help develop a bespoke safety plan for the employee, with the recommendations of the services, which takes into account the particular barriers the employee is facing.

Examples of employers leading the charge in this area include Lloyds Banking Group, which has worked with specialist charities to develop an ‘Acknowledge, Respond, Refer’ approach, and also the NHS Staff Council’s Health, Safety and Wellbeing Partnership Group, which has produced guidance for NHS employers to develop their domestic abuse approaches.

Smaller employers should not be discouraged from taking steps because they do not have the same resources, as there are various networks and initiatives that employers can join to share best practice, such as the Employer’s Initiative on Domestic Abuse and Thrive. As was explored at a recent CMS webinar with Thrive on domestic abuse, it is not an area that needs a huge budget to make a meaningful difference.

Ultimately, domestic abuse needs to be recognised as a workplace issue and this will in many cases provide a lifeline to employees as well as ensuring they can give their best when working (wherever that may be).

Kat McInnes is an associate at international law firm CMS