The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public bodies.
The Act also introduced specific statutory duties to safeguard and protect victims or survivors of domestic abuse, to hold perpetrators to account, transform the response of justice agencies and provide a framework and standards for multi-agency response.
It is important to note that Act did not introduce a specific criminal offence of domestic abuse, however it is useful in defining the criminal offences that may be committed by perpetrators. Related offences could include (but are not limited to) controlling or coercive behaviour, harassment, stalking, criminal damage, physical assault, sexual assault, rape and murder.
The Act provided police forces with new powers through the Domestic Abuse Protection Notice and Order and placed a duty on local authorities in England to provide support for victims of domestic abuse and their children in refuges and other safe accommodation.
The government has also introduced a wider package of measures focussing on raising awareness and increasing understanding of domestic abuse.
Additional resources:
Councils play a large role in our communities in preventing domestic abuse from happening, rather than just tackling the impact of it. However, as employers they will also want to be proactive in raising awareness of the problem in their workplace and to be prepared to respond appropriately if employees disclose their experience of domestic abuse.
Work is a big part of most people’s lives and can often provide a safe space and a respite away from their abuser, therefore employers can play a vital role in responding to domestic abuse.
Colleagues and managers can often be the only people outside of the home that people experiencing domestic abuse have regular contact and conversations with. It is therefore important for councils to create working environments that encourage and support employees who experience domestic abuse to raise the issue at work without fear of stigma or victimisation and ensure that routes of advice, support and assistance are known and understood by all staff.
Practical steps that councils can take to support employees who are victims of domestic abuse include:
- agreeing additional leave requests to allow the employee seek welfare or legal support or attend court hearings
- supporting more flexible working to allow for longer commuting where employees have had to relocate
- using discretion to provide more compassionate leave or time off for dependants to be paid where employees may need new childcare arrangements
- changing work locations or duties to ensure the employee is less at risk at work from their abuser
- arranging for the salary to be paid into a new/different bank account or providing details of organisations able to give additional financial information and guidance, such as Salary Finance or an employee assistance programme
Councils also have an important role in tackling domestic abuse by responding appropriately to those employees who may be identified as perpetrators of domestic abuse.
While it is acknowledged that there is little support available for perpetrators who have not entered the criminal justice system, councils may be able to offer Employee Assistance or Occupational Health support.
However, in very serious cases, employees who are perpetrators of domestic abuse may be subject to criminal proceedings and therefore also subject to the council’s disciplinary procedures.
Councils should also consider whether a risk assessment and temporary or permanent redeployment may be necessary if the perpetrator’s role involves working with children or vulnerable adults or where their victim works in the same department or area as them.
Additional resources for employers
Following a public review in the summer of 2020, the Department for Business, Energy and Industrial Strategy (BEIS) has published a report called ‘Workplace support for the victims of domestic abuse’ (January 2021).
The report sets out an important body of evidence to help employers understand what works to create an inclusive, safe and healthy workplace for those experience domestic abuse.
The report outlines the critical role that employers play in helping to identify domestic abuse, the opportunities that employers have in providing support and access to specialist services and advice, and how employers can make use of employment rights, such as flexible working, to build good practice into helping survivors of domestic abuse in the workplace.