Génevie Kuiper-Isaacson, Senior Associate
Génevie Kuiper-Isaacson is a tri-qualified lawyer specialising in employment law. She started her career in South Africa, where she ran her own firm, before moving to a prominent commercial firm in London. She has extensive experience advising both employees and employers in relation to a wide range of matters, including unfair dismissal, sex discrimination, pregnancy/ maternity discrimination, disability discrimination, race discrimination, TUPE, whistleblowing, grievance and disciplinary process, settlement negotiations, redundancies, enforcement and defence of restrictive covenants and corporate advisory and training.
New employment rights for those affected by domestic violence have been proposed as part of the tabled amendments to the Employment Rights Bill, the Labour government’s flagship bill to extend and strengthen employment protections, increase productivity, and provide “sustainable, inclusive, and secure economic growth”.
The proposals come against a surge in reported incidents of violence against women and girls (VAWG). According to a 2024 statement issued by the National Police Chiefs’ Council and College of Policing, over one million VAWG related crimes were recorded during 2022/23, accounting for 20% of all police recorded crime. Over 2 million people in the UK have experienced some form of domestic abuse, with women being disproportionately affected by crimes of violence.
The proposed amendments to the Employment Rights Bill will address the impact of domestic abuse in the workplace by offering improved rights for those affected by it and imposing new duties on employers.
If passed, these proposals will:
1. Provide statutory leave for victims of domestic abuse
As per the tabled amendments, within twelve months of the Employment Rights Bill being passed into law the Secretary of State will be required to make regulations entitling any worker who is a victim of domestic abuse to take statutory leave from work.
This echoes the recommendations of the Domestic Abuse (Safe Leave) Bill, a private members’ bill introduced in January 2025. Several other countries, including Northern Ireland, have already introduced similar legislation.
It is not clear whether this will give workers an entitlement to paid leave; the amendment notes that new regulations will need to determine “the benefit of the terms and conditions of employment which would have applied but for the absence”.
2. Protect workers affected by domestic abuse
The proposed changes will make it unlawful for employers to subject employees (including contract workers) to a detriment or unfair dismissal on the grounds of domestic abuse. Specifically, the proposal will amend Part 10 of the Employment Rights Act 1996 to include a clause stating:
“A worker who is dismissed shall be regarded for the purposes of this Part as having been unfairly dismissed if the reason for the dismissal is that the worker has been, or is suspected to have been
(a) a victim of domestic abuse; or
(b) affected directly by domestic abuse.”
A further proposed amendment to section 41 of the Equality Act 2010 (contract workers) states that “An employer (A) must take all reasonable steps to prevent a contract worker working for or on behalf of (A) from experiencing domestic abuse in the course of their engagement.”
3. Impose new duties on employers
In addition to taking “all reasonable steps” to prevent workers from experiencing domestic abuse in the course of employment, employers with five or more employees will be required to have a domestic abuse policy in place. This will present a challenge to many employers, especially as managers may feel uncomfortable dealing with discussions of domestic abuse. While the precise nature of this requirement remains to be seen, it is likely that employers will be expected to identify potential domestic abuse situations as part of their risk assessment. However, encouraging discussions around the issues of domestic abuse should help to improve reporting while also ensuring staff get help and support.
How will the proposed changes apply?
The above proposals will apply to anyone who is a victim of domestic abuse under the terms of the Domestic Abuse Act 2021. This defines domestic abuse as applying between two persons over the age of 16 who are personally connected to each other if the behaviour is physically or sexually abusive, violent of threatening, controlling or coercive, economically abusive, or involves psychological or emotional abuse.
The amendments, proposed by MP Apsana Begum, are not yet law. The Employment Rights Bill is listed for report stage in the Commons on 11 March 2025.
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