On 7 January, Labour MP Alex Mcintyre tabled a bill in parliament that would mean victims or survivors of domestic abuse would be entitled to ask their employer for extra time off work. The Domestic Abuse (Safe Leave) Bill would allow victims and survivors to request ‘safe leave’ from employers. Employees would use the time to find a place to stay, deal with health issues related to the abuse, or attend police interviews.
Read more: Supporting domestic abuse survivors: Three things HR should know
Should the legislation be passed, staff would be able to request up to 10 days extra leave. This is a great step forward, allowing society to offer further support to victims. Domestic violence cases have gone under the radar for too long. It is fair and proper that employers offer their support, when possible, to victims and survivors.
However, legislators need to ensure that all businesses are consulted properly, before any changes are brought in, particularly as this could have a cost implication on employers, who may already have a fine line balancing staffing provision with business needs. While larger organisations may be able to shoulder the extra costs, the UK economy is predominantly made up of SMEs, who tend to rely on a finite number of people to carry out their day-to-day work.
Legislators also need to be mindful that issues may arise around confidentiality. Domestic violence is a sensitive issue, requiring employees to disclose personal information to employers. A further obligation will be placed on HR teams to hold such sensitive information. Companies, therefore, need to be given an appropriate timescale to review current data protection processes before any legislation is enacted.
In the meantime, employers should be aware that they do have an obligation to consider other flexible working arrangements under the Employment Relations (Flexible Working) Act 2023. This gives employees the right to make a request for flexible working from day one of employment. Managers have a statutory duty to consider any requests reasonably, while juggling business needs.
Providing the legislation is properly considered, and business leaders have enough time to assess and update their policies, there is no reason why these changes cannot be embraced by employers as a chance to support members of their team when they need it the most. Though, as many workplaces up and down the country already offer flexibility to their employees, there is a strong argument that the proposed legislation formalises steps that most reasonable employers would take anyway when supporting their staff.
In readiness for any new legislation, it would be wise for employers to review their flexible working policies to determine how their business will be impacted. I would also recommend reviewing internal HR systems to ensure that domestic violence victims can disclose incidents confidentially.
HR teams could create a separate specific policy on the disclosure of domestic abuse incidents, which should detail how that disclosure will be dealt with and who will have access to sensitive information. Employers need to ensure that the process for requesting safe leave isn’t overly complex, and limits disclosure to only those who need to know within the business.
Finally, employers should review all their policies to ensure that they support each other in light of the Bill’s proposals. There will need to be a clear focus around duty of care and risk assessments, particularly where employees work from home.
Helen Watson is head of employment law at Aaron and Partners
This article was published in the January/February 2025 edition of HR magazine.
Subscribe today to have our latest articles delivered to your desk.
