Why Addressing Domestic Abuse is Important for Your Business?
Domestic abuse is very common; one in four women and one in six men will experience at least one incident in their lifetime. It is likely that members of most workforces will have some experience of it and there’s a clear moral obligation to deal with any perpetrators that may reside in the workforce.
In addition, there are multiple compelling commercial reasons why businesses should take the necessary steps to prevent domestic abuse.
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75% of victims report being harassed by their abuser whilst at work and may experience depression, sleep deprivation, inability to concentrate, loss of appetite or physical pain.
These factors often result in performance issues, absenteeism or presenteeism, and consequently reduced productivity and lost output.
Research by the TUC indicates that £14bn in economic output is lost by UK businesses each year as a result of absences related to domestic abuse. In addition, the potential loss of earnings per female victim is £5,800 per year.
Spotting the signs of domestic abuse at an early stage can facilitate early help and the right interventions, which will help victims and save employers the time and costs associated with performance management or capability procedures.
Although there is currently no specific domestic abuse statutory legislation giving rise to obligations on employers, our work with HM Government leads us to believe that employers will be expected to take steps in future.
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As previously mentioned, research shows victims are harassed by their abusers while at work. This can be through repeated calls or visits to the workplace which can impact on colleagues who may find themselves taking messages from the perpetrator, shielding the victim from unwanted calls or other interruptions, taking on the victim’s duties or covering for their absence. In some cases, they may inadvertently put themselves at risk.
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With respect to the current statutory framework, whilst the Domestic Abuse Bill is moving through Parliament, with the exception of coercive or controlling behaviour, there is no specific criminal offence of "domestic abuse". However, criminal law criminalises domestic violence through offences that also apply in non-domestic contexts, including battery, sexual assault, rape and harassment.
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With respect to the impact on employers, whilst there is currently no specific domestic abuse legislation giving rise to obligations on employers...
Statutory Framework
Company Legal Obligations
There are several employers’ existing legal obligations that are relevant, including:
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Employers have a duty to take reasonable care of the health and safety of employees, arising from common law, the Health and Safety at Work Act 1974 and other health and safety regulations. As such, where there is a known risk of domestic abuse, the starting point would be a risk assessment, taking account of domestic abuse risks when working from home or office and identifying measures to minimise those risks. Breach of health and safety obligations could give rise to a personal injury claim under the tort of negligence or enforcement by the Health and Safety Executive, including criminal sanctions in serious cases.
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Other legal rights may be relevant depending on the circumstances. For example, if the victim and perpetrator are co-workers, the employer would need to be alive to other potential claims under the Equality Act 2010 (for example, harassment) if the perpetrator’s conduct towards the victim is related to a protected characteristic. A claim under the Protection from Harassment Act 1997 may also be relevant if the conduct is not related to a protected characteristic but is a course of conduct which amounts to harassment, which the perpetrator knows or ought to know amounts to harassment.