Legal update: Domestic Abuse and Workplace Support

What employers need to know

 

October is Domestic Abuse Awareness Month, an opportunity for employers to consider how abuse affects employees and what meaningful workplace support looks like.

Most employees either face or know someone who has faced domestic abuse across their lifetime. An employee may be dealing with fear, disrupted sleep, anxiety, depression, financial control, injury or constant monitoring, all of which can affect mental health, concentration, attendance, communication and performance. For some, work may be the only place in the day where they feel safe, have contact with others, or can seek help privately.

Employers do not need to become domestic abuse experts, but they should build awareness, train managers, provide safe routes for disclosure and signpost specialist help. They also have a legal duty of care, including health and safety duties to protect employees’ health, safety and welfare at work. Where an employer knows of a risk, a suitable risk assessment and proportionate safeguards may be required. Employers should be alert to possible signs, respond appropriately and keep careful records of workplace incidents, disclosures and actions taken.

Domestic abuse is often hidden and does not follow a single pattern. There is no typical victim or perpetrator; it affects people of every gender, sexual orientation, race, disability and background.

 


 

What is domestic abuse?

The Domestic Abuse Act 2021 provided a statutory definition covering physical and sexual abuse, threatening behaviour, coercive control, economic abuse and psychological or emotional abuse. It also recognises children as victims in their own right.

The act defines domestic abuse as follows:

Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(c) controlling or coercive behaviour;

(d) economic abuse…;

(e) psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a course of conduct.

(4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

The Act also created specific offences, including non-fatal strangulation and threats to share intimate images. Understanding the breadth of domestic abuse helps employers recognise that its workplace effects extend far beyond visible physical violence.

 


 

What can employers do?

A considered workplace response starts with leadership. Senior leaders should sponsor a clear domestic abuse support policy, reporting routes and consistent policies on dignity, harassment and safety.

This cannot stop at senior or HR level. Teams should reinforce awareness, open discussion, feedback and a consistent response in day-to-day practice.

Managers and colleagues should be trained to recognise possible signs, respond with respect and discretion, and avoid assumptions. They should be able to recognise what is and is not appropriate, for instance, jokes about a “crazy ex.” Training should explain that domestic abuse includes coercive, economic, psychological and emotional abuse, not only physical violence.

Changes in attendance, punctuality, concentration, output, behaviour or availability may have many causes, but can be connected to abuse. These issues can often come out during performance discussions. What on the surface appears to be a conduct or performance issue may reflect trauma, sleep deprivation, surveillance, injury or acute stress. If an employee discloses abuse during a disciplinary or performance process, employers should pause, listen and consider suitable support or adjustments before deciding what action to take.

Training should also make clear that there is no typical victim, perpetrator or experience, and that abuse can continue or escalate after separation. The duty to look after your employees does not end after the crisis point; support should be enduring and flexible, for employees to access long-term.

 


 

Practical and Flexible Support

Support should reflect the individual and may change over time. Options can include paid leave, temporary changes to hours or location, workplace-security measures, safe contact details, time for appointments, employee assistance, or referral to specialist services. Some employers may also offer emergency accommodation or short-term financial support.

Flexibility is central: no two people experience abuse in the same way or need identical support. Employers should offer a range of options and review them over time, rather than limiting help to a crisis point.

Work can be an important safe space, but home or hybrid working may remove that protection. An employee may be unable to join calls safely, speak confidentially, travel freely or use their usual devices. Managers should ask what would help, agree safe ways and times to communicate, and keep arrangements under review.

Employers should not pressure anyone to disclose or leave a relationship, investigate the abuse, or act as the police. Their role is to listen, address immediate workplace risks, explain available support and connect the employee with trained services.

Local and community organisations can provide current information on services, helplines and referral routes, while national helplines offer additional specialist support. Building relationships with these organisations can help employers signpost with confidence.

 


 

Awareness, allyship, and safe reporting

A supportive culture requires regular communication, not a one-off campaign. Briefings, webinars, manager training, workplace champions and specialist partnerships can build understanding. Information should be available through channels employees can access privately and safely.

Language should recognise women, men and people of every sexual orientation, race, disability and background as potential victims.

This includes male victims. Cultures that tell men to “man up” or discourage discussion of vulnerability and mental health can make disclosure harder.

Engaging men as allies, ambassadors and participants can help move domestic abuse beyond the perception that it is solely a women’s issue, reduce stigma and embed awareness across teams.

Clear reporting routes are needed for concerns about victims and alleged perpetrators. Employees should know who receives a report, how confidentiality will be handled, what immediate safeguards are available and what process may follow. A proportionate response can encourage earlier reporting while protecting safety, fairness and dignity.

 


 

‘All’ reasonable steps and ways of working

If you’ve seen any of Scottish Engineering’s recent articles or breakfast briefings, you will be aware of the duty to protect employees from third-party or sexual harassment in the course of employment. Domestic abuse can overlap with this duty. A partner, ex-partner or family member may harass an employee at work, or two employees may be in an abusive relationship. If sexual harassment occurs in the workplace, the employer may face liability both for failing to protect the employee and for not taking all reasonable steps.

Home and hybrid working can introduce further risks: home may not be safe, privacy may be limited and an employee may be monitored. Policies and support routes must therefore work wherever employees are based. Where practicable, employers might offer an alternative workplace, rented room or other private location on a case-by-case basis.

Where a known risk may reach the workplace, proportionate safeguards might include reception or security arrangements, changes to shifts or parking, emergency contacts, safe communication plans and liaison with specialist services, with the employee’s knowledge where appropriate.

 


 

From Policy to Practice

Effective support depends on trust. Employees need to know they will be treated respectfully, that information will be handled carefully and that asking for help will not automatically trigger an unwanted response. Employers should invite feedback, review arrangements regularly and ensure managers know where to obtain advice.

The goal is not to turn employers into domestic abuse experts. It is to create a workplace where concerns can be recognised, employees can speak safely and receive a thoughtful response, and specialist help is within reach. Because domestic abuse can affect mental health, attendance and performance, a supportive workplace – and, for some, a vital safe space – can provide stability when it is most needed.

 


 

Where to look for more

The Employers’ Initiative on Domestic Abuse provides a list of UK and Scotland-wide support services, apps and specialist organisations, plus employer guidance on its website and YouTube channel.

Employers should also identify local charities and services that can provide training tailored to their industry and area

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