Human Resources Policy (2006)

Why does your organisation need a domestic violence HR policy?

 

• domestic violence affects many employees
• domestic violence is a security and liability concern
• domestic violence is a performance and productivity concern
• domestic violence is a sickness leave concern
• employers can make a difference.

At any one time, one in nine of the adult female population are experiencing domestic violence. The most recent British Crime Survey revealed that in the preceding 12 months, there had were 12.9m domestic violence incidents against women, and 2.5 incidents against men.

Given this prevalence, it is likely that domestic violence is an issue in the lives of many employees either as victim or perpetrator.

In 2004, the government published the first national research on the economic costs of domestic violence.  The national cost of lost economic output due to domestic violence is approximately £2.67 billion.  We have taken these figures and calculated the specific cost to London.  Lost economic output accounts for around £373.84 million a year in London. This is only the cost of time off work due to injuries.    It does not include costs relating to staff resignations, recruitment or re-training and as such is almost certainly an underestimate. It is estimated that around half of the costs of such sickness absences is borne by the employer and half by the individual in lost wages.

Whether employers know it, or acknowledge it, domestic violence is a problem that does not disappear when women leave home and enter the workplace.  Domestic violence can negatively affects businesses in sick leave, absenteeism, a drop in productivity, the resignation of valuable staff who are relocating for safety reasons and sometimes, even workplace violence.

Research shows that employers often know what is happening in their employees' lives but not what to do with that information.  In 1995, a study by the Nova Scotia Justice Department discovered that when women were murdered by their partners or ex-partners, the workplace was the most common location where they had talked about their abuse (Health Canada, 1998).  In London, domestic violence accounts for 25% of all murders; across England and Wales, two women a week are murdered by current or former male partners.

Employers should also be aware that they may be employing domestic violence offenders.  Abusers frequently use employers resources for their abuse such as using the telephone to harass the (ex) partner, using company vehicles to stalk their victim and even using their professional access to obtain information about their partners whereabouts or activities.

Who should a domestic violence HR policy cover?

Put simply - all the staff in your organisation.  Organisations must recognise that they have responsibilities as an employer and be clear that it will support employees who are experiencing domestic violence, and will encourage an environment which enables staff to access confidential help.

At the same time, the employer should also demonstrate 'zero tolerance' for perpetrators of domestic violence in the workplace.

What should it include?

Statement of commitment: this usually includes a statement about the unacceptability of domestic violence and sets out the organisation's commitment to provide support, assistance and information.

An overview of the legal basis for the policy such as:

• Health and Safety at Work Act 1974: duty to ensure, so far as is reasonably practical, the health and safety at work of their employees

• The Management of Health and Safety at Work Regulations 1992 and 1999 requires employers to assess the risks of violence to employees and make arrangements for their health and safety by effective planning and control

• Protection from Harassment Act 1997.  Employees are entitled to protection from harassment.  Harassment is defined as causing alarm or distress and a course of conduct (which can involve speech) must have occurred on at least two occasions.  The incidents do not have to be the same type of behaviour on both occasions.

What the organisation will provide for victims:

• Assurances of confidentiality
• Provision of information via staff newsletters, HR departments or through the displaying of posters
• Practical measures to ensure abused employees safety (i.e. relocation, redeployment, risk assessment, improved security measures, access to buildings, information for reception)
• Adjustments to working conditions and supportive measures (i.e. provision of special leave, flexible working arrangements, sympathetic response to requests for time off for appointments)
• Access to specialist support services
• Nominated contact person for members of staff affected by domestic violence.

How the organisation will respond to perpetrators

This may include:

• Employees being made aware that domestic violence is a serious matter that can lead to criminal convictions

• The organisation stating that conduct outside work might also lead to disciplinary action against an employee who is perpetrating domestic violence because it undermines the organisations confidence in them, and is likely to harm the employer's reputation
• A statement that an allegation of violence against a partner who also works for the organisation will be handled with particular sensitivity; providing a safe workplace may involve the suspension or redeployment of the alleged perpetrator pending a disciplinary investigation.

Policies may also set out:

• How the policy will be implemented and monitored
• What training / support will be made available to line managers supporting a member of staff experiencing domestic violence.

Not only can this work be frustrating and stressful for managers, but any interventions always carry the risk of worsening the situation.  In order to provide effective managerial support, protocols and practice guidance setting out the procedures to be followed will need to be developed and implemented.  In particular, guidance will need to address:

• Review procedures
• Confidentiality issues
• Record keeping
• Information sharing both within the agency and with external agencies.

Supervision should always include monitoring the stress levels of staff involved in this work and active steps taken to minimise the impact at the earliest stage possible.  A major cause of stress is staff feeling as if they are the whole support system for a victim of domestic violence.  This highlights the critical role that multi-agency responses can play in providing not only a more holistic care and protection package for the employee, but also in reducing stress levels of staff.

 

Where to find further information

 

Corporate Alliance Against Domestic Violence

A group of progressive companies and organisations working individually and collectively to address the impact of domestic violence in the workplace.  It aims to raise awareness and reduce the human and economic impact of domestic violence through taking action in the workplace.

NHS Employers

The NHS is affected by domestic violence as both the provider of care for those subjected to domestic violence and as the employer of thousands of staff who experience domestic violence.  They are members of the Corporate Alliance Against Domestic Violence and have produced a policy.

http://www.nhsemployers.org/practice/practice-219.cfm

www.nhsemployers.org/practice/practice-232.cfm

Unions that have worked on this issue

GMB - Developing an effective response to domestic violence

The Trades Union Congress (TUC) has produced Domestic violence: a guide for the workplace.  This guide is aimed at union representatives and employers who need advice on dealing with the impact of domestic violence in the workplace.  It includes facts and figures about the prevalence of this crime, case studies, and advice on drawing up a workplace policy to address the key issues of support, referral, and confidentiality.

USDAW - Union of Shop, Distributive and Allied Workers

UNISON -'Raise the roof on domestic violence'

Women's Aid have produced 'The Good Practice Guide for Employers on Domestic Violence and the Workplace' which is available on a free interactive CD Rom, with a user friendly search facility, and can be used on internal websites or intranet sites.

Other organisations which have developed domestic violence personnel policies include the following local authorities: Cheshire; Coventry; Devon; Greenwich; Hammersmith and Fulham; Leeds; Newcastle; Northampton; Nottingham; Rotherham; West Sussex and Worcestershire as well as the Association of Chief Police officers (ACPO). Additionally, Essex Against Domestic Violence has published 'Working together in safety - domestic violence and the workplace', printed as a template for local organisations to adapt to suit their own circumstances.

Information on some of these policies can be downloaded from the following sources:

Newcastle City Council Domestic Violence Policy

Nottinghamshire County Council corporate domestic violence policy statement

Non-UK resources

Corporate Alliance to end partner violence in the USA.  The Corporate Alliance to End Partner Violence is a national nonprofit organization dedicated to reducing the costs and consequences of partner violence at work - and eliminating it altogether. From policies and programs to legal issues and legislation.

Family Violence Prevention Fund: Strategic Employer Responses to Domestic Violence (USA)

Safe at Work Coalition (USA).  A coalition of private employers, trade unions, domestic violence advocacy groups and government organisations. Its mission is to demystify domestic violence for employers and unions and to provide guidance on creating an environment where this historically 'private' problem can be openly and effectively addressed.