January 2025


A recent crime survey for England and Wales, reported on by the Office for National Statistics, shows that an estimated 2.3 million adults aged 16 and over (1.6 million women and 712,000 men) experienced domestic abuse in the year ending March 2024. Although accurate data is notoriously difficult to obtain, the report showed that this equates to an estimated 4.8% of people aged 16 and over. 


In this article, we look at recent developments in the law regarding statutory leave in relation to domestic abuse, look beyond the borders for learnings from an international perspective, and consider some practical steps that employers can take to support employees who are victims of domestic abuse. 


Recent developments on domestic abuse leave 

It is worth noting that the position in England, Wales and Scotland (Great Britain), differs from that in Northern Ireland. 

In Great Britain, tackling domestic abuse and providing support in the workplace has been on and off the political agenda in recent years and there is currently no statutory right to domestic abuse leave. The previous Conservative Government reviewed the current statutory leave provisions for employees in 2022 to see if they sufficiently supported employees escaping domestic abuse, determining ultimately that it was not the right time to bring forward specific proposals in this area. The review, however, did recognise that “one thing everybody in the roundtables agreed on was that domestic abuse should be seen as a workplace issue.” 


Under the new Labour Government, combatting domestic abuse, in particular violence against women and girls, was one of their manifesto commitments, so remains on the agenda. Although, when asked a written question in September 2024, Justin Madders confirmed that the new Labour Government did not have any plans to introduce statutory paid leave in relation to domestic abuse "at this time". 


Despite this, the discussion about whether to introduce a new statutory leave right for employees continues. On 7 January 2025, Alex McIntyre (Labour MP) introduced the Domestic Abuse (Safe Leave) Bill (the “Bill”). This Bill is a private members’ Bill – so it is not a Bill introduced by the Government but by an MP – meaning it is usually less likely to become law. It been agreed that this Bill will go to a second reading in June 2025, but we wait to see how much traction it gains. The intention is that the Bill would introduce an entitlement of two weeks paid leave for victims of domestic abuse. 

Northern Ireland, on the other hand has been more proactive. In 2022, the Northern Ireland Assembly passed the Domestic Abuse (Safe Leave) Act, which entitles victims of domestic abuse to ten days paid leave (known as “safe leave”) each year (funded by the employer) from the first day of their employment. This is not yet in force and requires further regulations to provide the detail on how this will operate. 


Despite the position in Great Britain and Northern Ireland, other countries beyond our borders have already taken steps to offer statutory support in the workplace for victims of domestic violence. Accordingly, we take a broad look at the international perspective before looking closer to home at the position in Ireland. 


The international perspective 

In Canada, certain provinces have implemented paid leave policies for employees working in federally regulated workplaces to support victims of domestic violence. Others, like Ontario, have up to five days paid leave for most employees regardless of the size or type of workplace, to address issues related to domestic or sexual violence, such as seeking help, attending legal proceedings or relocating. 


In Australia, recent years have shown how federal and state governments have emphasised workplace safety and employee rights. For instance, the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 introduced a legal entitlement to unpaid leave for employees experiencing domestic violence. In 2023, this leave was expanded to include 10 days of paid domestic violence leave annually for all employees, recognising the financial and logistical challenges faced by victims. 


Closer to home...Ireland’s position 

Domestic Violence Leave was introduced in Ireland at the end of 2023, in which employees are entitled to five days paid leave in any 12-month period where they are experiencing or have, in the past, experienced domestic violence. 


This leave is also available to an employee where they are assisting a ‘relevant person’ who has experienced or is currently experiencing domestic violence. A ‘relevant person’ includes the employee’s minor child, spouse, civil partner, person with whom they are in an intimate relationship, co-habitant or dependent. 

 

‘Domestic violence’ is broadly defined and includes violence or a threat of violence, including sexual violence or acts of coercive control committed against an employee or relevant person by someone who is the victim’s spouse or civil partner, cohabitant, someone with whom they are or were in an intimate relationship or their adult child who is not a dependent. 


The purpose of this leave is to enable the employee (or allow the employee to assist a relevant person) to seek medical attention, obtain services from a victim services organisation, obtain counselling, relocate, seek legal assistance, seek assistance of the Garda Síochána (police) or to obtain a court order, such as a barring or protection order. Given the often urgent circumstances that necessitate such leave, there is no requirement to notify an employer in advance of taking the leave. 


Is domestic abuse a workplace issue? 

As was clear from the recent review under the Conservative Government, all contributors consider that domestic abuse is a workplace issue because it can impact all areas of an individual's life, including work. Moreover, when introducing his Bill, Alex McIntyre said “one of the most challenging aspects of leaving an abusive relationship is the financial reality”. Safe Lives, as part of its recent data set, showed that survivors were most commonly in touch with the police, GPs, their child’s school and their employer – reflecting that the employer is a key point of contact during the period when they are trying to flee the abuse. 


Specific examples of how domestic abuse can impact an employee in the workplace include: 

  • Safe spaces to work: Employees working from home may face additional risks being unable to find a safe space to work. This can extend to the workplace, as the abuser could still harass them at work via messages, the telephone or come to their place of work and disrupt their environment. This can also have an impact on other members of staff as colleagues can sometimes be threatened or harmed by a colleague’s abuser.
  • Impact on performance at work: Economic abuse is a common form of domestic abuse, affecting work in several ways, such as undermining career prospects, controlling work hours and/ or isolating the victim from colleagues. Abusers may also interfere with the victim’s ability to attend work, damage their work attire or destroy their confidence. 
  • Increased time off work: In some cases, domestic abuse can lead to physical or psychological injuries, causing sickness-related absences. Time-off may be needed to attend hearings, investigations, find alternative accommodation and/or taking children to safe places. The abuse itself may also cause time off work as the abuser may prevent the individual from attending the workplace. 


How can employers support their staff? 

Employers should first recognise that domestic abuse is a personal issue and a work issue, they should look to raise awareness of domestic abuse and its impact on work, including how to provide a safe place of work for those experiencing domestic abuse, encourage open communication, empower individuals to handle the situation when employees raise issues and help direct staff to relevant advice and assistance. 


While staff may not be experts in this area, being able to spot some tell-tale signs of potential issues can go a long way to supporting victims. This includes looking out for:

  • change in mood and appearance
  • sudden lateness or absenteeism
  • reluctance to have video camera on or schedule meetings when working from home
  • difficultly in corresponding with them at their home address 
  • increased personal phone use
  • an unexplained decrease in performance


Practically, employers can offer support in lots of different ways, including: 

  • Having a domestic abuse policy in place
  • Having regular ‘touch points’ where employees can safely raise difficult issues by using open questions in regular catch ups to encourage open communication
  • Signposting to staff external support available (such as National Domestic Abuse Helpline) and any internal assistance programs or other support available for staff
  • Providing paid time off for activities like moving, attending appointments, attending legal proceedings or settling children.
  • Offering temporary adjustments to work hours, duties, flexible arrangements, seating arrangements or a safe office space for remote workers
  • Providing safe communication methods, such as new contact details, third-party ‘safe-haven’ contacts or a code word for discreet alerts and confidential spaces for calls, safe parking and changes to security measures
  • Providing additional financial support where possible and appropriate. Removal of work contact details, names and photographs from the company website and other public platforms
  • Having a regular and updated programme of harassment and sexual harassment training for staff, including for line managers on how to spot issues – as this may open up other channels of communication. 


Given the sensitivity that these issues present for the individual and the ways in which a person’s working conditions and practices can either exasperate or reduce the impact, having a policy in place to raise awareness, anticipate and navigate through the intricacies of the issues, is not only prudent planning but could make a significant and positive impact for your employees. 


Useful resources for employers: