Ireland has introduced the right to five days of paid domestic violence leave annually, to help those affected by abuse access the medical visits, legal advice and counselling they may need.
It is unusual for Ireland to lead the UK on employment law, but the UK government has since confirmed it will not follow. It believes existing rights, such as annual leave, emergency time off for dependants and flexible working, are sufficient. Not every workplace offers full sick pay, so that may not be an option. Employers should also bear in mind what will happen if an incident occurs when an employee has already used all their annual leave.
Of course, employers do not need to be mandated to provide better support. Some, such as Vodafone and South Ayrshire Council, already provide specific paid domestic abuse leave. The Irish government has produced employer guidance, which includes suggestions that the UK organisations could easily adopt. These include ensuring uncomplicated, confidential access to support at work, and training employees to handle situations involving domestic abuse confidently and empathetically.
The Covid-19 pandemic saw a spike in abuse as people were stuck at home with their perpetrators. It is worth considering that working from home is not always appropriate, and ensuring on-site facilities are always available.
Domestic abuse can often include financial control, so consider that if domestic violence leave is printed on a pay slip, it may disclose to an offender that their partner has reported the abuse. Employers should ensure the pay slip includes all particulars required by law.
Organisations could also offer membership of an income protection scheme to cover employees’ salaries for a longer period if they are unable to work. If they have an employee assistance programme, they could consider granting paid time off to attend ongoing counselling appointments.
Domestic abuse is so pervasive that, even if the law does not apply, there is a strong argument that employers should up their game when it comes to support, simply because it is the right thing to do.
If an employee is considered disabled because of a traumatic experience, post-traumatic stress disorder (PTSD), anxiety or depression linked to previous domestic abuse, they would be protected by law from discrimination and an employer then has a duty to make reasonable adjustments to support them. What this support entails will vary from person to person, but collaboration with an employee’s GP or occupational health is advisable.
Jemma Forrest is a senior associate in the employment, immigration and pensions team at Anderson Strathern
