How Can I Help Employees Who May Be Victims of Domestic Violence?

Unfortunately, many people are victims of domestic violence and abuse. It could be your own employees who are experiencing abuse. Domestic violence and domestic abuse may occur inside the home, but the effect can show itself in the workplace. For example, where a victim has suffered an injury, they may be unable to come to work. In England and Wales, there is no legal requirement for employers to offer workplace support such as domestic leave to employees who may be suffering domestic violence. However, there are other requirements and standards of good practice which could apply to these situations.

This article will explain domestic violence and abuse and how you may support your employees who are struggling as domestic abuse victims. It also outlines your legal duties as an employer, which may require you to maintain employees who are victims of domestic abuse.

What is Domestic Violence and Abuse?

Domestic violence and abuse can be physical, emotional or sexual abuse between family members or those in a relationship as a couple. Abuse can happen in different ways. Likewise, the perpetrator often seeks power and control over their victim through coercive, degrading, violent, threatening, or controlling behaviour.

The following are some examples of domestic abuse:

• a person putting their partner down or stopping them from going to work;
• someone threatening to hurt another;
• a person physically hurting another; or
• a partner pressuring the other into having sex.

How Might an Employer Help an Employee?

As an employer, there is no legal requirement to formally support your employees who are victims of domestic violence and abuse, such as offering leave. However, there are ways you might informally help them. As well as helping your employees, you might also extend this support to employees’ family members who are victims. 

Below we explore ways employers can support their employees who may be victims of domestic violence.

1. Trying to Spot Domestic Abuse

Unfortunately, domestic violence and abuse are often difficult to spot. However, as an employer, you can try to create a trusting and safe environment that may help victims come forward and ask for help.

2. Creating a Workplace Policy on Domestic Abuse

The UK government considers it good practice to have a policy on domestic abuse within your workplace. Having a formal policy can be effective for both you and your employees. Likewise, you can include workplace support such as the procedure for employees seeking help and possibly different avenues they could take in the workplace which may assist them. It could also list services offering support for abuse outside the workplace, such as charities.

3. Offering Trust Towards Your Employees

If an employee approaches you about domestic violence and abuse, listening to them and trusting their story is essential. Perhaps, you could offer them a safe space to talk to you. You also should gain their consent if you wish to take any further action about the issue. 

Also, you are legally required to ensure that your actions do not break the mutual trust and confidence between you and your employees. If you fail to do this, and the employee has worked for you for at least two years, they could bring a claim for constructive dismissal. Constructive dismissal is where they feel forced to resign because your actions cause a serious breach of their employment contract. 

4. Protecting Their Anonymity in the Workplace

If an employee wishes to remain anonymous in the workplace, you should respect this request to protect their safety. Likewise, your legal duty is to do what you reasonably can to protect your employee’s health and safety. This requires you to take reasonable actions to assist their health, safety and wellbeing. 

For example, removing their name and direct number from your business’ website may be appropriate to prevent the culprit from contacting them. Of course, your actions and what is reasonable will depend on context.

5. Allowing Your Employee Their Rights to Time Off

It could be possible that your employee is not a direct victim of domestic abuse and violence, but one of their dependents is. If this is the case, you could encourage your employee to use their right to reasonable unpaid leave to assist their dependent. However, remember that you cannot force your employee to take time off.

6. Allowing Time Off Through Sick Leave or Compassionate Leave

Although sick leave and compassionate leave are for specific circumstances, it may be possible that your employee’s circumstances fall under the conditions for taking these leaves. If not, as an open and caring employer, your employee may approach you, and you could offer unpaid leave at your discretion to help them sort out their situation.

7. Offering Flexible Working Hours

Depending upon your employee’s domestic violence and abuse situation, requesting a different working pattern might assist them. Therefore, you might encourage employees to take advantage of their rights under flexible working hours requests.

8. Providing Financial Assistance

Whilst it is not expected that an employer offers direct financial help to an employee suffering from domestic violence and abuse, there are other ways you can help. For example, you could allow them to have their salary paid into a different account other than one they may share with the perpetrator.

9. Making Reasonable Adjustments

Employers are legally required to make reasonable adjustments for employees with a disability. You may find that the impact of domestic abuse on your employee causes them either mental or physical injuries, which could be a disability. This is where it affects their ability to carry out their normal daily activities.

Key Takeaways

Unfortunately, domestic abuse and violence are common in England and Wales. Notably, there is no legal requirement for you to formally help employees who may be victims. However, the UK government has recognised that employers can support victims. It is good practice to do so, and it benefits both you and your employees. You also have separate legal duties, such as ensuring your employees’ health and safety and maintaining trust and confidence.

If you need help understanding domestic violence and how you can help your employees, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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