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Domestic Abuse (Safe Leave) Bill: a new type of leave proposed to help domestic abuse victims

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Alice Kendle and Eloisa Clegg, a current trainee in the team, explore the Domestic Abuse (Safe Leave) Bill, its implications for employers, and practical steps businesses can take to support employees affected by domestic abuse.

On 7 January 2025, Labour MP Alex McIntyre raised a motion to bring in a Domestic Abuse (Safe Leave) Bill. Calling domestic abuse a "national emergency", he advocated for the introduction of two weeks of "safe leave" from work for victims of domestic abuse.

This category of leave would be paid leave from work, functioning in broadly the same way as other statutory leave entitlements that employers will be familiar with. The suggested 10-day entitlement could be used for addressing the practical and emotional steps required for an individual to deal with a domestic abuse situation.

What is domestic abuse?

The Domestic Abuse Act 2021 provides the following statutory definition:

"Behaviour of a person (A) towards another person (B) is ‘domestic abuse’ if:

  • A and B are each aged 16 or over and are personally connected to each other; and
  • The behaviour is abusive.

Behaviour is "abusive" if it consists of any of the following:

  • Physical or sexual abuse;
  • Violent or threatening behaviour;
  • Controlling or coercive behaviour;
  • Economic abuse;
  • Psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a course of conduct."

Why might "safe leave" be needed?

McIntyre cited the recent Women’s Aid report, "The Price of Safety", which suggests it could cost a survivor almost £50,000 to leave an abuser, based on the direct costs of fleeing and rebuilding a new life. Taking time off work to ensure their own safety and possibly those of their children is often unavoidable for someone attempting to escape an abusive relationship. An individual may have to:

  • Attend meetings with lawyers,
  • Attend police interviews or court hearings,
  • Seek medical treatment,
  • Identify alternative accommodation, and/or
  • Organise childcare arrangements in light of the circumstances of the abuse.

As it stands, unless an employer is voluntarily willing to allow extra leave, employees have to use their annual holiday entitlement or sick leave to deal with these matters.

What does the Bill propose?

It is impossible to quantify the time an individual might need to fully extricate themselves from an abusive situation. The Bill’s proposition is that 10 days of paid leave would enable an individual to “seek help, to find the resources they need to escape their abuser, and to start the long process of healing”. Providing paid safe leave could alleviate some of the (financial and non-financial) stress and anxiety that victims may experience about work.

The concept is already present in multiple other jurisdictions: the Northern Ireland Assembly has passed legislation and consulted on how to operationalise it, and similar provisions exist in the Republic of Ireland, New Zealand, Australia, Canada and the Philippines.

What should employers do now?

The Bill is due to have its second reading on 20 June 2025. The Government hasn’t indicated whether or not it will support the Bill, but it is worth employers considering how it might affect them if the law is ultimately passed. However, it is also a timely reminder that valuable policies can be introduced by employers regardless of whether legislation demands it.

In September 2020, Farrer & Co launched an extensive guide to assist employers with developing and implementing a domestic abuse strategy in the workplace. In Domestic Abuse: Guidance for Employers, we explained why we consider that domestic abuse is not simply a "private matter" matter, but also a critical issue for employers.

According to SafeLives, there are more than 2 million survivors of domestic abuse in England and Wales. Domestic abuse can have far-reaching consequences. These include low self-esteem, depression, poor sleep and physical pain, which can affect performance at work and give rise to absenteeism and presenteeism. Raising awareness of the issue, supporting victims, and effectively managing perpetrators can be life-changing for those affected. This can be part of creating a safe and supportive organisational culture. And from a purely financial viewpoint, it also makes commercial sense – McIntyre cited a KPMG study which shows that the UK (and by extension employers) lost £316 million a year as a result of work-related absences due to domestic abuse.

Prompted by the Bill, we suggest that employers:

  1. Review current policies and practice. Do you have a policy for dealing with requests for leave in domestic abuse situations? How do you/would you deal with requests in that situation?
  2. Review training and awareness. Do you provide training to managers and HR personnel on how to support employees experiencing domestic abuse? Would they know what to do when faced with a request for leave in a domestic abuse situation?
  3. Develop a domestic abuse strategy. "Safe leave" is just one way in which employers can support employees experiencing domestic abuse, and we recommend that employers develop a wider domestic abuse strategy. Our Domestic Abuse guidance provides suggestions for what employers can do about domestic abuse, including adopting and implementing a domestic abuse strategy.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, January 2025

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About the authors

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Alice Kendle

Senior Associate

Alice is an experienced employment lawyer who acts for a broad range of clients including schools, universities, charities, sports clubs, and senior executives. Alice also has an extensive practice in the education sector, advising universities and schools on specialist issues related to staff, students, and parents.

Alice is an experienced employment lawyer who acts for a broad range of clients including schools, universities, charities, sports clubs, and senior executives. Alice also has an extensive practice in the education sector, advising universities and schools on specialist issues related to staff, students, and parents.

Email Alice +44 (0)20 3375 7619
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