Workplace Journal speaks with Helen Watson, employment law expert at Aaron & Partners, about the Domestic Abuse Safe Leave Bill – its key proposals, implications for employers, and practical steps organisations can take to comply.
Could you explain the key proposals of the Domestic Abuse Safe Leave Bill?
The bill is a critical piece of legislation aimed at addressing domestic abuse, which affected more than two million people last year.
Its primary goal is to provide protection, predominantly for women and girls, but it also has wider implications. The bill introduces new powers for police and family courts, including the ability to issue domestic abuse protection notices immediately, without requiring a court hearing. These notices cover all types of abuse – physical, mental, and verbal – and breaching them is a criminal offense, punishable by up to five years in prison. This ensures victims get immediate protection without delay.
These measures inevitably affect the workplace, because employees dealing with abuse at home bring those struggles into work. Employers need to understand this connection and consider how they can support their employees effectively.
How does this legislation affect employers and workplace policies?
The bill requires employers to update their policies and procedures. Training is vital to build awareness about domestic abuse protection notices and how they impact the workplace.
Employers need to ensure that all levels of the organisation understand their obligations and what steps to take if an employee discloses abuse. It’s also crucial to maintain confidentiality under General Data Protection Regulation (GDPR). For example, if an employee confides in a manager about being a victim of abuse, the employer must handle that information sensitively and only share it with permission.
Signposting to external resources like helplines or counselling services is another key step. Ultimately, these measures aim to create a workplace culture where employees feel safe and supported.
Smaller businesses often operate with limited resources. How can they manage the implications of this bill?
Smaller businesses might find it more challenging because they have fewer resources, but it’s important to recognise that supporting an employee dealing with domestic abuse can prevent greater costs in the long term, such as prolonged sickness absences or legal claims.
Employers in small businesses should review flexible working policies and make reasonable adjustments tailored to their capabilities.
While it may be harder for smaller organisations to manage, the duty of care applies to businesses of all sizes. Proactively putting measures in place, such as clear policies, awareness training, and access to external support, can help mitigate the challenges.
Hybrid working is increasingly common. How does this bill affect remote employees, and what challenges might employers face?
Hybrid and remote working add another layer of complexity because employees may face abuse at home, which also becomes their workplace.
Employers have a duty of care to ensure a safe working environment, even for those working remotely. This means conducting risk assessments for home working, just as they would for physical office spaces.
If an employer becomes aware of an employee experiencing domestic abuse at home, they need to consider reasonable adjustments and support mechanisms, ensuring that the employee’s safety is prioritised.
Hybrid working presents unique challenges because it places employees at potential risk in their home environment, and employers must navigate this carefully.
Many employees don’t openly disclose abuse. How can employers create a safe environment for employees to come forward?
Employees might not feel comfortable disclosing abuse immediately, but there are ways to encourage openness. Employers should implement mentorship programs where employees can build trust with a mentor over time. For example, in my own team, we rotate mentors every six months, and these one-on-one sessions provide a space to discuss not just work but personal issues.
Employers should also signpost external resources, like 24-hour helplines or counselling services, for employees who prefer confidentiality. It’s about creating an environment where employees feel safe to confide and ensuring they know help is available, whether internally or externally.
What long-term impact do you foresee if this bill becomes law?
I believe this bill could bring about a significant positive change in workplace culture. If it becomes law, it will help create a more open and transparent workplace, with better morale, less absenteeism, and greater awareness of domestic abuse.
The measures align with other recent legislative enhancements, such as the extended protections against sexual harassment, and reflect a broader push for safer and more inclusive workplaces.
By addressing the issue of domestic abuse openly, employers can foster environments where employees feel supported and valued. Over time, this will lead to improved employee wellbeing and productivity.
What advice would you give to employers navigating this evolving area of employment law?
My advice would be to be proactive. Employers should start by reviewing their current policies to ensure they align with the proposed legislation.
Training at all levels of the organisation is crucial to build awareness and understanding. For hybrid and remote working arrangements, conducting thorough risk assessments is essential.
Being proactive now will not only ensure compliance if the bill becomes law but also create a safer and more supportive workplace. Ultimately, this is about best practice – doing what we should be doing to care for our employees and foster a healthy working environment.