Domestic abuse & working from home – things for employers to consider

The Government’s Business Minister, Paul Scully, has highlighted that employers have a duty to support staff who may be suffering from domestic abuse at home. Domestic violence charity Refuge said it saw an 80% increase in calls to its helpline during the first national lockdown, a trend the government believes has continued through this latest lockdown period. In having regular contact with employees, employers and colleagues are considered to be best-placed to spot signs of abuse and provide assistance.

In November 2020, 43% of respondents to a survey by charity Surviving Economic Abuse showed an abuser had interfered with someone’s ability to work or study from home during the crisis. Examples included hiding phones or computers, removing Wi-Fi connections, and phoning an employer claiming a breach of lockdown rules, in an apparent effort to get them sacked. The Government’s Domestic Abuse Bill is also making its way through parliament which will confirm that coercive or controlling behaviour is considered to be an act of domestic abuse, but this is not yet law.

Employers have a duty of care over their employees, an obligation which would ordinarily focus on making sure that an employee is provided with a safe working environment. The shift to working from home has meant that many employers now face greater difficulty in making sure that their employees have a safe working environment, as they would not generally have access to the employee’s home during the working day. It is, however, important that an employer makes sure that risk assessments are carried out by an employee of their working environment, to make sure that there are no hazards to this working day.

Whilst an employer should also make adjustments to reduce situations which could cause significant stress for an employee, Mr Scully’s comments reminds employers that they should also be vigilant in noticing any issues of domestic abuse with their employees. Things to look out for would include:

• An employee becoming more withdrawn than usual;
• Sudden drop in performance;
• Any mention of controlling or coercive behaviour in partners;
• Physical signs such as bruising.

If an employee is showing the above signs, it would be advisable to discuss your concerns with that employee. An employer could find a plausible reason for an employee to go into the office as a one-off so they can talk freely, or switching conversations to email or text if your conversations are being overheard, in order to hopefully give the employee a ‘safe space’ in which to discuss any issues they are experiencing at home.

Employers are encouraged to either create policies which address this issue, or to otherwise speak with all employees to acknowledge that these issues exists and to hopefully assist staff in recognising signs of a colleague facing domestic abuse so they can respond appropriately and sympathetically. It may also be beneficial for employers to provide information about domestic abuse support services on its extranet, or in a company-wide email, to show employees that  help is available.

If you would like assistance with drafting a policy, or if you would like advice on any other employment issue, please contact Ben Stanton on 01908 660966 / 01604 828282 or by emailing ben.stanton@franklins-sols.co.uk.