A Lifeline for Victims

Domestic abuse is a widespread and devastating issue with far-reaching consequences. In Northern Ireland alone, the PSNI recorded a shocking 37,763 domestic abuse incidents between April 2023 and March 2024. It’s crucial to remember that these figures only represent reported cases, and the true number of victims is likely to be considerably higher.

The Domestic Abuse (Safe Leave) Act (NI) 2022 offers a glimmer of hope for survivors. By providing a period of paid leave, the Act enables victims to:

• Prioritise safety: Escape dangerous situations and seek refuge.
• Access support: Connect with support services, legal aid, and refugees.
• Plan for the future: Develop safety plans and consider long-term options.
• Recover and rebuild: Begin the process of emotional and physical recovery.

The Act’s potential to empower survivors and break the cycle of abuse is undeniable.

Challenges for Employers

While undoubtedly beneficial for victims, the Act also presents challenges for employers. The financial implications of providing paid leave to employees experiencing domestic abuse are substantial. Small businesses, in particular, may struggle to absorb the added costs.

Furthermore, employers face the complex task of balancing the needs of victims with the operational demands of their business. Maintaining sufficient staffing levels while employees are on safe leave can be difficult. Additionally, there’s a risk of increased workload for the remaining staff, which could lead to burnout and decreased productivity.

Moreover, the Act raises questions about the employer’s role in supporting victims. While providing a safe and supportive workplace is crucial, it’s important to recognise the limitations of employers and to direct victims towards specialist support services.

Training and Support for Employers

To effectively implement the Domestic Abuse (Safe Leave) Act, employers must provide comprehensive training for managers and staff. This training should cover:

• Recognising the signs of domestic abuse: Equipping employees to identify potential victims and understand the impact of domestic abuse on individuals and workplaces.
• Responding to disclosures: Training managers on how to respond sensitively and supportively when an employee discloses experiencing domestic abuse.
• Safeguarding procedures: Establishing clear policies and procedures to protect both the victim and the business.
• Accessing support services: Making employees aware of available support services, such as helplines, refuges, and legal aid.

To support employers in fulfilling their obligations under the Act, government agencies, trade unions, and specialist organisations can provide guidance, training, and resources.

Legal Implications for Employers

Employers have a legal duty of care to their employees, which includes protecting them from harm. Failing to address domestic abuse appropriately could lead to legal repercussions. Potential legal issues include:

• Discrimination claims: Treating an employee experiencing domestic abuse less favourably than other employees could result in discrimination claims.
• Health and safety breaches: Failing to provide a safe working environment for a victim of domestic abuse may lead to health and safety breaches.
• Negligence claims: If an employer fails to take reasonable steps to protect an employee from harm, they may be liable for negligence.

By understanding their legal obligations and implementing appropriate policies and procedures, employers can mitigate the risks associated with the Domestic Abuse (Safe Leave) Act (NI) 2022.

Conclusion

The Domestic Abuse (Safe Leave) Act (NI) 2022 is a vital step forward in protecting victims of domestic abuse. However, it is crucial to acknowledge the challenges faced by employers and to recognise that addressing domestic abuse requires a comprehensive and collaborative approach. By working together, government, employers, and support organisations can create a safer and fairer workplace for all.

Every survivor of domestic abuse deserves a safe and secure future. The Domestic Abuse (Safe Leave) Act (NI) 2022 is a crucial step towards achieving this and once that is supported by Inclusion IQ

You can share your thoughts on the implementation of the act via the Economy NI webpage: https://www.economy-ni.gov.uk/consultations/domestic-abuse-safe-leave Responses should be received no later than 5 pm on 27 September 2024.