Feature
Continued from previous page EIDA is a business network with over 400 members, including law firms, government departments, the Law Society and Crown Prosecution Service. It works to raise awareness and enable employers to take positive action by providing online resources, networking hubs and best practice guidance. It highlights employers who have been innovative in offering further support to employees during the lockdown. For example, Lloyds Banking Group will arrange hotel accommodation and help staff to move, in addition to partnering with the charity, Surviving Economic Abuse.6 Global law firm, Linklaters, has worked with Safe Lives to create a new policy and support package providing emergency accommodation and up to 10 days’ paid leave. In September, the Chartered Institute of Personnel and Development (CIPD) and the Equality and Human Rights Commission, launched a new guide to help organisations to support staff who may be experiencing domestic abuse. The new guide sets out key recommendations for employers, including developing a policy or framework, creating open work cultures where individuals feel safe to disclose, and offering flexibility for people to attend counselling, legal and finance appointments or access support from professional bodies.7 From April 2019, legislation in New Zealand has enabled those affected by domestic violence up to ten days per year additional paid annual leave, thereby helping victims to remain in paid employment and empower them to act. Those affected also have a statutory right to request short-term variation of their working arrangements to deal with the effects of domestic violence and provide express protections against “adverse treatment” by their employer over working conditions, dismissal, etc. This protection covers both those actually affected by domestic violence and people who an employer suspects, assumes, or believes to be affected.8 Under current UK legislation, there is no requirement for employers to support people affected by domestic abuse. The Government is currently looking at the role of employers and in June 2020, announced a review of the support provided within their workforce.9 It will explore examples of best practice from UK employers and evidence from other countries and how they approach domestic abuse, to see how the UK’s current employment framework could be enhanced. Let us hope that the increasing awareness brought about by the pandemic will encourage employers to do more to protect their workforce, regardless of whether the law obliges them to. To reference the 2011 Australian Law Reform Commission, ‘Family violence is not simply a private or individual issue, but rather a
Employers’ Initiative on Domestic Abuse (EIDA)
systematic one arising from wider social, economic and cultural factors. Accordingly, effective measures to address family violence need to operate in both the private and public spheres. This is particularly so in the context of employment…’10 ■
Sara Carnegie
Director Legal Projects at the International Bar Association
1. Slack, T. & Newbery, A. (2020) ‘Coronavirus: Domestic abuse website visits up 10-fold, charity says.’ Available from: www.bbc.co.uk/news/uk-england-52755109 [accessed 29/09/2020] 2. Townsend, M. (2020) ‘Revealed: surge in domestic violence during Covid-19 crisis.’ Available from: www.theguardian. com/society/2020/apr/12/domestic-violence-surgesseven-hundred-per-cent-uk-coronavirus [accessed 29/09/2020] 3. S.76 Serious Crime Act 2015 4. w ww.ibanet.org/Domestic-violence-law-firms.aspx 5. w ww.eida.org.uk [accessed 20/09/2020] 6. Lloyds Banking Group (2020) ‘Supporting victims of domestic and financial abuse.’ Available from: www. lloydsbankinggroup.com/our-purpose/helping-people/ supporting-victims-of-domestic-and-financial-abuse/ [accessed 29/09/2020] 7. w ww.cipd.co.uk/about/media/press/CIPD-EHRC-launchguide-support-employees-experiencing-domestic-abuse [accessed 30/09/2020] 8. w ww.penningtonslaw.com/news-publications/latestnews/2018/domestic-violence-and-the-workplacehow-england-and-new-zealand-compare [accessed 30/09/2020] 9. UK Government (2020) ‘Government to review support in the workplace for survivors of domestic abuse.’ Available from: www.gov.uk/government/news/government-to-reviewsupport-in-the-workplace-for-survivors-of-domesticabuse [accessed 29/09/2020] 10. Australia Law Reform Commission, Family Violence and Commonwealth Laws – Improving Legal Frameworks (ALRC Report 117, November 2011).
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n our next edition, we will look at the work of EIDA which promotes greater awareness of domestic abuse amongst employers. With millions of people working from home this has become a significant challenge to providing a safe working environment. EIDA shares best practice to contribute to a change in the way domestic abuse is regarded and handled in the UK. www.eida.org.uk ■
22 | LegalWomen
