Domestic Abuse - An Employer’s Duty of Care- White Paper
Introduction
Domestic abuse is an extensive and complex issue that affects millions of people across the globe. It extends beyond the confines of the home, impacting victims' friendships, family and work life. These facts, alongside the Domestic Abuse Act of 2021 enable employers to act, complete training on how to notice signs and to document and promote what they can do to help. Domestic abuse can affect anyone regardless of race, gender, age, religion, sexual orientation, culture, and socio-economic status. It is important to always consider issues regarding intersectionality when considering domestic abuse.
This white paper will explore the critical role employers have in addressing domestic abuse and implementing a safe and supportive workplace environment. Looking into past cases of domestic abuse and present laws, we will cover the major part that employers can play in noticing domestic abuse and even helping to prevent it from continuing. Therefore, creating a safe, and supportive working environments that prioritise the wellbeing of their employees.
Did you know in the year ending March 2020, 2.3million people aged 16 and above experienced domestic abuse. 1.6 million were women and 757,000 were men? In the year ending March 2023, it decreased to 2.1 million people, aged 16 and above. 1.4million were women and 751,000 were men.
Although decreasing it is still a predominant issue, with 1 in 5 adults experiencing domestic abuse during their lifetime.
By the end of this white paper, you will understand the importance of domestic abuse awareness and what you can do as an employer to help keep your staff and colleagues safe.
The Domestic act of 2021 and how it relates to employers?
The Domestic Abuse Act Bill was passed by both houses of parliament and was signed into law on 29 April 2021. The act is there to create a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional, controlling or coercive, and economic abuse.
The act aims to ensure that victims have the confidence to come forward and report their experiences, safe in the knowledge that the state will do everything it can, both to support them and their children and pursue the abuser.
The Objectives of the Domestic Abuse Act
Promote Awareness. The act is there to promote awareness of the subject of domestic abuse and all it entails. It introduces a statutory definition of domestic abuse including economic abuse and recognising children as victims in their own right too.
Protect and Support Victims/Survivors. It establishes in law the office Domestic Abuse Commissioner (DAC) introduces a new Domestic Abuse Protection Notice (DAPN) and Domestic Abuse Protection Order (DAPO) to support the victim/survivor. It also places a new duty of care on tier one local authorities to provide support as well.
Hold Perpetrators Accountable. It extends the Controlling or Coercive Behaviour Offence to cover post-separation abuse. It also extends the Offence of Disclosing Private Sexual photographs & films, with intent to Cause Distress to cover threats to disclose such material. It also created the new Offence of Non-Fatal Strangulation or Suffocation of another person, clarifying this by restating in law the general position that a person may not consent to the infliction of serious harm and, by extension, is unable to consent to their own death.
Transform the Justice Response. The act ensures that the victim/survivor has the help to provide the best possible evidence in criminal court proceedings by using video evidence, screens and other special measures. It also ensures that they do not suffer further trauma in court proceedings.
Improve Performance. The act is working to drive consistency and better performance in the response to domestic abuse, including putting the guidance for the Domestic Violence Disclosure Scheme (DVDS) on a statutory footing.
The act is there to promote awareness, protect the victims/survivors and enforce better responses and responsibility around domestic abuse. But how does this relate to employers?
In Chapter 6 of the Domestic Abuse Act of 2021, paragraphs 402 – 412 are allocated to the role of the employer. It discusses and reminds us of the important role an employer plays and the impact the employers' actions have on the life of a domestic abuse victim/survivor.
It also highlights the duty of care that the employer has for their employees and calls for employers to join the EIDA (Employers Initiative of Domestic Abuse) to help them to take action.
For many victims of domestic abuse, the workplace can provide a safe space away from their abuser. It can also be that the people they work with, from employers, managers to fellow colleagues, are the only people that the victim speaks to each day other than their abuser. This highlights the importance of understanding the signs of abuse to be able to help spot signs and offer the correct support.
The act tells us that domestic abuse will not only impact the home life of the victim but can and most certainly impact their work life and behaviour during work hours. Domestic abuse victims will often display negative changes to their behaviour, this can be anything from sudden and frequent lateness, lack of concentration during work hours, increase in absences, to the increase of working hours for no reason.
It is there to give employers a clear idea of the actions they need to take to ensure that their employees are safe at work and have the policies in place to support any that might need help. Employers legally need to abide by the relevant health and safety and employment laws, along with the common law duty of care, to ensure the safety of their employees.
Employers need to ensure, as far as reasonably possible, the health and safety and welfare of their employees at work.
This includes creating and implementing policies to approach domestic abuse within their workplace. This includes signposting relevant and specialist organisations, making training and education on the subject readily available (as well as up to date), the practical support they can give victims within the workplace and their approach to any perpetrators/abusers within the workplace.
Employers should seek advice from trade unions, employee representatives and even domestic abuse charities when developing and implementing domestic abuse policies.
Signs to look out for
When you think a person is experiencing domestic abuse their can be several different signs to look out for including:
Behaviour- When experiencing domestic abuse, the victim's behaviour will often negatively change, this can be anything from becoming more anxious, quiet, aggressive, distracted, tearful or depressed. They may also start isolating themselves from colleagues, become obsessive with time keeping, secretive about their homelife or seem worried about leaving their children alone with their abuser.
Work Productivity- A victim of domestic abuse will often have a negative change in their work performance and or productivity. They may start having frequent absences, lateness, or begin to leave work earlier regularly. Domestic abuse can also have the opposite effect on victims, and they may increase their hours for no obvious reason, wanting to stay at work later and longer. Their work can also decrease in quality and quantity, and they may start missing deadlines they wouldn’t have before. An increased amount of time on their phone taking many personal calls, texts or emails is also a sign. They could however become avoidant of phone calls, and or become strongly distressed after receiving said phones calls or text messages.
Physical signs- The victim may turn up to work with visible bruising or repeated injuries, with unlikely explanations of how they came about. They may change the way they dress or the amount of makeup they use, in order to cover up any physical injuries they have. This can include dressing in clothes different to their normal style and that don’t suit the current climate. They can become noticeably more fatigued or may talk about developing sleep disorders. Victims of domestic abuse can often turn to using substances to cope, so you may notice an increased use or misuse of substances.
Other signs- You may notice the victim's partner or ex-partner stalking the victim in or around the workplace or becoming more controlling over the victims' working hours. The victim on the other hand may also start receiving gifts or flowers for no obvious reason.
Victims/survivors may present in many ways depending on their personal situation and their personality. It is important to firstly know the signs of domestic abuse and secondly have a system in place that will help support the victim to get help and get out of the traumatic situation.
Being able to notice even the slightest change in behaviour and having the procedures to implement the support domestic abuse victim needs will impact their life significantly.
Case Studies
There are many cases where domestic violence has resorted in the death of the victim. Here are a just two examples out of millions.
Hollie Gazzard- In 2014, Hollie Gazzard a 20-year-old hairdresser from Gloucester was brutally stabbed to death in the hair salon where she worked, by ex-boyfriend Asher Maslin.
Hollie first met Maslin in 2012 when working in a club in Gloucester, a few weeks after meeting him, Maslin built up a relationship with Hollie. In November 2012, Hollie gained a place at Steiner Training Academy in London and moved there in March of 2013 to start her new position. Maslin became infatuated with Hollie and followed her up to London to stay with her.
Through her position at Steiner Hollie gained the opportunity to join the Carnival Line cruise ship in the Bahamas as a hairdresser. Although after a short period of time Hollie decided the onboard work life wasn’t for her and she moved back to London to work in a hair and beauty salon called The Edge Hair and Beauty in Edgware.
Maslin followed Hollie back to London and became increasingly more degrading and verbally abusive towards Hollie.
After an incident at Notting Hill carnival, Maslin became physically abusive towards her. This is when Hollie made the decision to return home to Gloucester in August of 2013.
Maslin still infatuated with Hollie followed her back to Gloucester. He became increasingly obsessed and persistent, harassing Hollie with hundreds of texts each day.
After Hollie tried to end the relationship, Maslin became extremely angry. Hollie encouraged by her parents, called the police and resighted everything Maslin had done.
But on the 14th of February 2014 Maslin bought a kitchen knife from a local store, waited for a time when he knew the salon (where Hollie worked) would be quieter, and then went in and stabbed Hollie to death.
Hollie lost her life at the young age of 20 due to domestic violence, but could more have been done to protect and save Hollie’s life?
Hollies family set up the Hollie Gazzard Trust to spread awareness and help to prevent other families and victims from going through situations like this.
You can find out more about Hollies story and the Trust by clicking this link.
Clare Bernal- In 2005, Clare Bernal, a 22-year-old woman from Tunbridge Wells was shot four times and died inside her place of work, at Harvey Nichols, London.
In 2004, an ex-Slovakian soldier by the name of Michael Pesch, joins Harvey Nichols as a security guard, where he meets Clare.
In January of 2005, Pesch asks Clare out on a date. After just one date Pesch professes his love for Clare.
Clare and Pesch go on three dates over a three-week period, within this time Pesch becomes increasingly possessive, jealous and controlling over Clare.
Clare becoming increasingly concerned by his behaviour ended their relationship in February of 2005.
Pesch began to harass Clare, he went out of his way to see her as much as possible, he would follow her around the store, stare at her directly and use mirrors to watch her. He repeatedly went up to her counter to ask her to take him back, insisting that he loved her, and he knew she felt the same way.
Due to this situation, Clare’s health started to deteriorate, she couldn’t sleep, she developed eye infections and dreaded going to work at the job she used to love.
Clare reported him to the head of security at Harvey Nichols, Pesch was moved to a different floor. This did not stop him from harassing her at work, he was suspended and eventually fired from Harvey Nichols.
Clare reported him to the police and Pesch was arrested. Pesch was released on bail but continued to harass Clare and was arrested again.
When awaiting trial on the second bail, he travelled back to Slovakia, acquired a gun licence, and registed a gun with the Slovakian Police. Pesch returned to the UK via coach, with a handgun hidden in his luggage.
On the 13th of September 2005, Pesch walked into Harvey Nichols and proceeded to shoot Clare four times, before shooting himself.
The case of Clare Bernal raised a lot of questions about why more wasn’t done to protect her against Pesch. Clare’s family devastated by her loss, wanted to prevent this from happening to others like Clare. Clare’s mother set up PAS (The Protection against Stalking organisation), with the help of other mothers who had been through similar situations, to raise awareness and help change laws involving stalking and domestic abuse.
Click the links to find out more about PAS or the case of Clare Bernal.
Clare's Law
As mentioned earlier, the Domestic Abuse Act of 2021 allowed Clare’s Law formally known as Domestic Violence Disclosure Scheme (DVDS) to have a statutory footing.
Clare’s law is a police run scheme that allows you or any member of the public to formally request or receive usually confidential information about a romantic partner’s criminal history.
Clare Wood, whom the law was named after, was murdered by her ex-boyfriend due to a lack of knowledge of his previous records. Clare’s Law was created to change the law and allow people to have the right to know and ask about previous or current partner’s history.
Under Clare’s law you have two rights, which are the following:
The right to ask expresses that you can make a DVDS application to ask about a current or previous partner that you believe may have a record of abusive behaviour or violence. Within this right you are also able to ask on behalf of friends or family who you think may be at risk from their partner or previous partner. Depending on your relationship to the person, the police may decide to only disclose this information with your loved one directly or someone who is more directly able to ensure their safety.
The right to know means that if police checks convey that your partner or previous partner have a history of abusive behaviour, they may proactively share this information with you, to help prevent future risks. Once a DVDS application has been made the police will carry out a thorough investigation into the nominated person, based upon what they find they will decide whether it is appropriate to disclose this information.
Clare’s Law was created solely to help prevent future domestic abuse. Before this law was put in place, people with a prior record of abusive behaviour, were able to conceal their personal records. This meant that due to a lack of knowledge, their partners would be at greater risk of future harm.
Domestic Homicide Reviews
Did you know, 12% of those who experience intimate partner violence, tell someone at work?
The purpose of the Review is to consider any circumstances that may have led to the death and then be investigate and identify where responses should be improved for the future. It is there to help employers and organisations to improve how they respond to reports or incidents of domestic abuse. It will make suggestions to the organisation or employer on how to improve their response, measures and policies they have in place.
For these reviews to be as effective as possible, it is vital that they are able to gather as much information and evidence as possible, no matter how small or insignificant it may be.
After a domestic homicide has occurred, your organisation may be contacted to take part in a review, you can however choose to not take part and your decision will be respected.
If you choose to take part, you will be asked to share anything about the victim, and/ or the perpetrator. This can be anything they may have told you or other members of the team, any unexplained absences, injuries and behaviour changes.
It is important to take on the information and suggestions that the review team give you. It will help you to support others that may be going through domestic abuse.
Creating Policies
When creating a policy for your workplace it is advisable to contact trade unions, employee representatives and domestic abuse charities to get the best and most up to date information about what should be included in your policy This is to make sure you keep your employees safe and informed to the best of your ability within the workplace.
Below is a list of components to include within your domestic abuse policy:
Make sure to begin your policy with a short statement that outlines the purpose of the policy. Ensure that you emphasise the commitment that your organisation has to supporting your employees.
Include a definition of domestic abuse to ensure that the employees understand what domestic abuse is and what it means.
Clearly state how employees can access support and report instances of domestic abuse and assure your employees that any information related to domestic abuse will be handled sensitively and confidentially.
Include resources and information for internal and external services, helplines, legal aid services and organisations that can help.
Show the company's commitment to the employees' welfare by outlining company’s policies regarding leave and flexible work arrangements for those affected by domestic abuse.
Implement training programs to raise awareness and ensure employees understand what domestic abuse is, it’s impact on the workplace and how to recognise it.
Emphasise that the company has a zero-tolerance policy for retaliation against those who report domestic abuse.
If you would like support with developing and implementing a domestic abuse and the workplace policy RLB are here to help. Please contact us here
Training
At RLB we are extremely passionate about understanding domestic abuse and how this can affect people from a workplace perspective. We are proud to host our new course- Workplace Domestic Abuse- Awareness and Response Training- 10am-12pm on 23/04/2024 hosted by the incredibly experienced and knowledgable Tina Pokuaah from RLB Safeguarding. Dates are updated monthly or can be offered per organisation.
If you would like to attend our new domestic abuse training course please visit here or enquire at hello@rlbsafeguarding.co.uk
Domestic abuse is a still an ongoing issue that affects people daily. 2 women a week are killed by their partner or ex-partner. If you have any concerns about the issues raised in the white paper or need any help or advice, please get in touch. Our team offer full support and training around issues such as this and are able to advise and train employers and employees on safeguarding those experiencing domestic abuse.
Domestic Abuse Charities and Support Organisations
To stay up-to-date with any Government website updates to the Domestic Abuse act 2021 visit here