Workplace policy on domestic and sexual abuse

Domestic and sexual abuse can have an impact on affected employees. This impact can extend to other employees and the organisation.  Employers have a duty of care for the wellbeing of their staff. 

What is domestic abuse?

Domestic abuse can take many forms, which may involve physical violence. However, often it will not involve physical violence but may involve a wide range of non-physically abusive behaviour including what is often referred to as coercive control.

The Northern Ireland government’s Domestic and Sexual Abuse Strategy (2024-2031) defines domestic abuse as: ‘threatening, controlling, coercive behaviour, violence or abuse (psychological, virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation or any form of disability) by a current or former intimate partner or family member.’

Whilst domestic violence happens most often in intimate partner relationships, domestic violence which often includes sexual violence can also happen between parents and children, brothers and sisters, family members and grandparents, and same-sex or teenage relationships.

What is sexual abuse?

Sexual abuse is an act that often aims to express power and dominance over the victim.  It can take many forms, involving both contact and non-contact activity. It can include taking advantage of an individual's inability to give informed consent.

The Northern Ireland government’s Domestic and Sexual Abuse Strategy (2024-2031) defines domestic abuse as: ‘any behaviour (physical, psychological, verbal, virtual/online) perceived to be of a sexual nature which is controlling, coercive, exploitative, harmful, or unwanted that is inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation or any form of disability).’

Sexual abuse can affect anyone. While the majority of victims are women, men can also be victims. It often happens in intimate relationships. It can also happen in other relationships such as parents, grandparents and siblings.

Sexual abuse is very often perpetrated by someone whom the victim knows or trusts but it can also be perpetrated by a stranger.

Domestic Abuse Offence - domestic abuse is a crime

Sections 1 to 3 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 contain a domestic abuse offence for Northern Ireland. This came into force on 21 February 2022.

It is an offence for a person to carry out a course of behaviour which is abusive of someone that they are (or have been) personally connected to. A course of behaviour involves behaviour on at least two occasions. This is to capture abuse that typically occurs over a period of time in order for an individual to exert control over another. As set out above, abusive behaviour is not limited to physical or sexual violence. It can also capture emotional and psychological abuse and coercive control.

Two further conditions must be met for the domestic abuse offence to be committed. These are:

• That a reasonable person would consider that the behaviour in question would be likely to cause physical and/or psychological harm (hurt or damage, including fear, alarm and distress).
• That the behaviour is carried out with the intent to or is reckless as to whether or not it would cause such harm. This condition could be met, for example, where the abuser is repeatedly verbally abusive and demeaning towards their partner/connected person but claims that they did not intend the behaviour to cause harm, and the court is satisfied that the accused’s behaviour would cause such harm.

The domestic abuse offence covers a range of relationships. It includes those that:

• are, or have been, married
• are, or have been, in a civil partnership
• live together (or have lived together) as if they were married or in a civil partnership
• are or have been in an intimate personal relationship - this is intended to cover relationships between two individuals (including young/teenage and same-sex relationships), although the relationship need not be sexual, nor long-term
• are close family members

A close family member includes a person’s parent, grandparent, child or stepchild, grandchild or sibling (including half-siblings). It also includes a person’s ‘inlaws’ (the parent, grandparent, child, grandchild or sibling of the person that they are in a relationship with ie their spouse, civil partner, or someone they live with as if they are married or in a civil partnership).

Half-blood and step-relationships are also covered. Relationships where an adult has parental responsibility for a child under 16 (including foster and kinship relationships) would come under the parental responsibility exclusion.

It is important to recognise that domestic abuse does not only occur within an intimate relationship, but that it can also take place within familial relationships.

Domestic and sexual abuse and the workplace

Domestic and sexual abuse can negatively affect those abused and their workplace colleagues around them. For example:

• a person can experience domestic and sexual abuse while they are at work, for example, through threatening phone calls and emails
• an employee may be vulnerable to abuse and violence when travelling to and from work
• domestic violence can affect an employee's performance, attendance, timekeeping, career prospects and job security
• colleagues can experience threatening or intimidating behaviour from the perpetrator
• other issues can arise if both victim and perpetrator work in the same place

Developing a workplace policy on domestic and sexual abuse can help to create a safe and supportive working environment.

If an employee is experiencing domestic and sexual violence and abuse, it is likely this will affect their behaviour at work. Some possible signs of abuse in your employees include: 

• frequently late or absent without explanation
• uncharacteristic depression, fatigue, anxiety, distraction or problems with concentration
• changes in the quality of work performance for no apparent reason
• receipt of repeated upsetting calls or emails
• obsession with time or needing regular time off for appointments
• repeated injuries or unexplained bruising or explanations that do not fit the injuries displayed
• increased hours being worked for no apparent reason 

This is not an exhaustive checklist. Some victims may display no signs of violence or abuse. Everyone's reaction is different and changes in behaviour could be obvious or difficult to identify. 

Find practical steps to support employees affected by domestic and sexual abuse.

Domestic and sexual abuse can have a major impact on the victim and affects their working life. In Northern Ireland, the cost of domestic abuse to services and the economy is around £931 million.

It makes sound business and economic sense for employers to have a workplace policy that supports employees experiencing domestic abuse.

Business benefits

Some of the key business benefits of developing a workplace policy on domestic and sexual violence and abuse include:

• Recruitment and retention. Creating a team of trained and experienced staff can cost money. Having a workplace policy is a good investment for an employer to help retain staff. Promoting staff health and wellbeing can make your business attractive to potential job applicants.  
• Staff morale and productivity. A policy can help create a positive working environment. If staff feel that they are supported and able to approach their employer for help this can increase their morale, loyalty and commitment.
• Disciplinary action. The effects of domestic abuse can negatively impact attendance, punctuality, work performance, health and safety and productivity. A clear policy can prevent unnecessary disciplinary action against an employee.
• Public image and reputation. Employers who have a policy on domestic and sexual violence and abuse are sending a message to their staff and the wider community that they are committed to supporting employees and community investment. It shows a strong sense of corporate social responsibility.

Meet legal requirements

Developing a workplace policy can help you comply with your health and safety responsibilities. Under health and safety law, employers are obliged to:

• have a duty of care for the health and safety of their employees
• assess the risk of violence to employees
• make arrangements for employee health and safety through organisation, planning and control
• consult with employees about health and safety
• report any incidents of violence in the workplace

Public authorities also have a duty to protect individuals from human rights violations - which includes violence and abuse. They must also promote equal opportunities and good relations.

Moral responsibility

Aside from the business benefits, employers have an ethical and moral duty to protect and support employees experiencing domestic and sexual violence and abuse. For the victims, the workplace must be a place of safety, help and support.

In 2022, the Northern Ireland Assembly passed the Safe Leave Act which, when fully enshrined in law, will make it a legal requirement for employers to offer up to ten days paid leave to employees affected by domestic abuse.

Developing a workplace policy on domestic and sexual abuse has a number of business benefits and can help support employees who are at risk.

What should a domestic and sexual abuse policy include?

The Department of Health has developed guidance for employers on developing a workplace policy on domestic and sexual violence.

You can also use this checklist to ensure your policy covers the key areas: 

• policy statement outlining a commitment to a zero tolerance approach to domestic and sexual violence and abuse
• definition of 'domestic violence and abuse' and 'sexual violence and abuse' with facts and figures
• reporting procedures including roles, responsibilities and contact details of human resources, line managers, employees and trade union representatives
• practical measures to support employees, for example, diverting phone calls or alerting reception and security staff
• list of support services
• commitment to prioritise confidentiality
• communication plan, for example, to publish the policy on the staff newsletter or handbook so that all staff can be made aware of it
• information on staff training on the implications of domestic and sexual violence and abuse in the workplace and what the policy offers
• process for monitoring and reviewing the policy regularly 

Example policy

The Belfast Area Domestic and Sexual Violence and Abuse Partnership has produced an example policy.

There are a number of practical measures you can use to support employees affected by domestic and sexual violence and abuse:

• divert phone calls and emails
• alert reception and security staff if the abuser/alleged abuser is known to come to the workplace
• allow more flexible working or special leave for practical arrangements (such as attending counselling or court)
• check the employee has arrangements for safely getting to and from home and if possible provide a personal alarm
• ensure the employee does not work alone or in an isolated area
• move the employee out of public view, such as ensuring that they are not visible from reception points or ground floor windows
• keep a record of any incidents of abuse in the workplace, including persistent telephone calls or emails
• if the employee is absent, a method of communication should be arranged with line managers so that they are aware that the individual is safe
• offer a salary advance where, for example, the employee needs to escape a violent or abusive situation or where their own money is being withheld by an abusive partner
• have a trained support officer or Domestic Abuse Champion in the workplace, if resources permit

Our guide on how to deal with stress offers advice on how to protect the well-being of employees.

It is important that employers rely on professionals to provide appropriate services. This could be specific training, support and advice or counselling services.

Perpetrators who are employees

Perpetrators of domestic abuse may use workplace resources such as phones and email to threaten or abuse someone. Employers should respond effectively to this behaviour to protect victims and the organisation's reputation. 

Make clear that misconduct inside and outside of work will be taken seriously and result in disciplinary action. You have a responsibility to report criminal activity to the relevant authorities.

There are organisations who provide assistance and services for victims of domestic and sexual violence and abuse in Northern Ireland. Many of these also offer advice, training and resources for employers. 

The following organisations are specialists in the area of domestic and sexual violence and abuse: 

• The 24 Hour Domestic & Sexual Violence Helpline is a 24/7 support resource for women and men - Tel: 0808 802 1414 (calls are free from all landlines and mobiles).
• The Rowan Sexual Assault Referral Centre offers 24/7 support and services for anyone who has been sexually abused, assaulted or raped. Contact Tel: 0800 389 4424 (calls are free).
• Nexus NI offers counselling, education, training and outreach in relation to sexual violence.
• Women's Aid NI provides services to women and children affected by domestic and sexual violence and run awareness and education programmes.
• The Men's Advisory Project NI provides counselling and support services to men experiencing domestic abuse.
• The Rainbow Project works to improve health and wellbeing of lesbian, gay, bisexual and transgender people in Northern Ireland and provides services including counselling and family support.
• Victim Support NI provides information, support and services regarding domestic violence.
• Relate NI provides relationship and family counselling and domestic violence and abuse services.
• The Police Service of Northern Ireland offers information and advice regarding domestic abuse. Domestic abuse related crimes can be reported to the PSNI on Tel: 101 or online. In an emergency call 999.
• The NHS offers online information and advice regarding domestic violence and abuse. Local hospitals, GPs and other NHS services can help with injuries and health issues related to domestic and sexual violence abuse. Call 999 for emergency medical attention.
• The NSPCC is responsible for child protection and offers guidance on reporting safeguarding concerns. It also provides Childline - free telephone advice and counselling service for children and young people, Tel: 0800 1111.
• Action on Elder Abuse (Hourglass) provides information and support across the UK, including Northern Ireland. They provide a helpline for advice Monday-Friday 09:00-17:00 on Tel: 080 8808 8141.