How will the Domestic Abuse (Safe Leave) Bill Impact Employers?

According to the Office of National Statistics (ONS), 4.6% of adults have experienced domestic abuse in 2024.

MPs hoped to tackle these figures with the introduction of the Domestic Abuse (Safe Leave) Bill. It aims to provide employees with statutory rights for paid leave during traumatic domestic situations.

Even though the Bill is still being discussed in Parliament, you should prepare your business for its passing. Employers already have a legal duty to protect their staff’s health, safety, and welfare. And soon, this could include those suffering from domestic abuse.

For further advice, contact one of our expert HR consultants free of charge today. Let’s look at what the Domestic Abuse (Safe Leave) Bill is and how employers can support staff facing such violence in their personal lives.

What is the Domestic Abuse (Safe Leave) Bill?

The Domestic Abuse (Safe Leave) Bill is a proposed law that aims to provide paid leave to individuals facing domestic violence or abuse. It was introduced on 7 January 2025 by MP Alex McIntyre and is still subject to consultation within Parliament.

The Bill aims to provide employees with a statutory right to paid time off during such traumatic events – rather than having to use sick leave or unauthorised absence. It also protects them from any negative impacts on their terms and conditions of employment.

The Bill aims to initiate conversations about making workplaces safer for victims and survivors of domestic violence. Whilst the law is still being discussed, employers can think about planning ahead for how it’ll impact their business.

What is safe leave?

Safe leave hasn’t been legally defined in English law yet. However, employers can refer to Northern Ireland’s Domestic Abuse (Safe Leave) Act (NI) 2022 for now. Their definitions state safe leave is paid time off for employees who are victims of domestic violence; or dealing with issues related to domestic violence.

Safe leave minimises any stress around losing wages for taking such time off, or even using up other forms of statutory leave. This form of financial aid helps foster a sympathetic and supportive workplace.  

Who is entitled to safe leave?

Sticking to Northern Ireland’s version of the law for now, both employees and workers are entitled to safe leave – from the first day of employment. They must:

a.      Be a victim of domestic abuse (i.e., if they’re subjected to abusive behaviour by a relevant person). Or;

b.      Be dealing with an issue related to domestic abuse.

Northern Ireland’s law outlines a non-exhaustive list of potential ‘issues related to domestic abuse’. For example:

• Obtaining legal advice or pursuing legal proceedings/remedies.
• Finding alternative accommodation.
• Taking advantage of healthcare (including mental health care).
• Obtaining welfare support.
• Protecting family members.

How long is safe leave?

Under Ireland’s version of the law, safe leave can last up to 10 paid days per year. Victims might use this time to find a safe place to live, make childcare arrangements, or attend police interviews.

Safe leave cannot be carried over into the following year. Employers must clearly state when their work year starts and ends. This provides clarity on when people can use safe leave. The government suggests aligning safe leave with your normal annual leave year.

There are no legal restrictions on offering more than 10 days of safe leave per year. If it’s done fairly, employers are free to provide more than the statutory limit.

Do you need to take safe leave all at once?

There aren’t any rules on taking safe leave all at once or in intervals. It might fall up to the employer’s discretion until more clarity is passed through the law.

Employers may provide flexibility on whether safe days can be taken in half-days, full days, or in their entirety. The best thing to do is take reasonable measures for individual circumstances, as cases of domestic abuse will vary in severity.

Will employees need to provide notice for safe leave?

There aren’t any rules on employees providing suitable notice periods before taking safe leave.  Domestic violence and abuse are traumatic and sometimes unpredictable. The government aims to make safe leave requests as easy and accessible as possible.

Under Northern Ireland’s version, employees don’t need to provide evidence for their domestic abuse. This might be echoed through the English version of the law.

How are employees paid during safe leave?

Employees should be paid during safe leave through their normal rate of pay. Employers will need to consider any other financial influences that can affect daily pay rates. For example, overtime, commission, and bonus payments.

Employers will be legally required to fund safe leave entirely, unlike other forms of statutory leave like sick or maternity leave.

How to comply with the Domestic Abuse (Safe Leave) Bill in your business

Whilst the Domestic Abuse (Safe Leave) Bill is still being discussed in Parliament, it’s important for employers to think about readying their business for the legislative changes.

Peninsula offers expert employment law advice on how to comply with the Domestic Abuse (Safe Leave) Bill before and after its passing. Let’s take a look at what steps to consider:

Create an anti-domestic violence and abuse policy

Employers can start by creating an anti-domestic violence and abuse policy. These types of HR policies will help highlight your business’s stand on zero-tolerance for such suffering.

Your policy isn’t just an echo of your opinion on domestic abuse and violence. It may also outline procedures when an individual raises their personal situation at work. This could even include getting the police involved with the individual’s permission.

Promote a safe and confidential workplace

Employees and workers should have access to a safe and confidential place where they can speak about domestic abuse situations. This type of support can be life-changing for individuals.

As an employer, it’s not your responsibility to resolve their domestic matter. However, you do have a legal duty to protect your employees’ health and safety during work. This means spotting the signs, showing support, and taking proactive steps.

Offer mental health first aid training

A lot of the time, employees might confide in their direct line manager about personal issues, with or without any intentions to offer resolutions. Take this opportunity to provide mental health first aid training.

This type of training is beneficial for line managers, senior staff, and HR teams. With the right training comes the right response to manage sensitive and distressing personal situations.

Keep on top of paid safe leave

Employers could use automated absence trackers to keep on top of safe leave and payments. Having a digital absence software ensures employees can take the right amount of leave, as well as suitable payment during this time.

During cases of domestic abuse or violence, having financial independence can be life changing. A sudden disruption to their wages or even loss in employment can leave victims trapped in dangerous situations.

Get expert advice on the Domestic Abuse (Safe Leave) Bill with Peninsula

When people are facing issues like domestic violence and abuse, it’s hard to keep it from affecting them in the workplace. Employers aren’t expected to resolve this – instead, you’ll be expected to provide suitable support during such troubling times.

Peninsula offers expert advice on the Domestic Abuse (Safe Leave) Bill. We have a top-ranking Employee Assistance Programme (EAP), a wellbeing tool that’s built for your business and people.

We also offer specialised guidance on HR contracts and documentation – ensuring your business meets all its HR compliance. Want to find out more? Contact us on 0800 028 2420 and book a free consultation with one of our HR consultants today.

Sources

Crime in England and Wales: year ending June 2024 | Office of National Statistics

Domestic Abuse (Safe Leave) Bill | GOV

Domestic Abuse (Safe Leave) Act (NI) | 2022 Economy NI