Last month, 25 November, marked the beginning of the annual 16 days of activism against gender-based violence at a global level known as ‘White Ribbon Day’.

This is an international movement to call for an end to violence specifically against women and girls - it was initiated by activists at the inauguration of the Women’s Global Leadership Institute in 1991. Each year the movement has a unique theme. The theme for this year was #changethestory.

The legal sector has seen many reforms and campaigns for reforms in recent years to #changethestory for victims/survivors of domestic abuse:

  • The changes brought by the Domestic Abuse Act 2021 have been fundamental in holding perpetrators more effectively accountable and furthering safeguards for victims. We have seen for the first time ‘domestic abuse’ defined by statute, a recognition of children as victims (in their own right), a prohibition on cross-examination of victims by perpetrators in person, introduction of two new civil protective injunctions and a statutory basis for the domestic violence disclosure scheme (Clare’s Law).
  • The Child Support Collection (Domestic Abuse) Act 2023 will allow the Child Maintenance Service to intervene in cases where abuse is evident, using its powers to collect and make payments to the claimant. The act provides additional protection for parents who have experienced domestic abuse by managing payments and thereby avoiding the need for contact – preventing perpetrators from causing further emotional harm and financial abuse and control.
  • Recently, Sharon Holland, the mother of Chloe Holland (who took her own life following emotional and physical abuse at the hands of her ex-partner in February), started a petition for a change in criminal law. She is seeking for the government to create a specific statutory offence of manslaughter by coercive or controlling behaviour to bring justice to families such as hers.

The above are all significant changes and attempts at reform to bring much needed justice, support and transparency in the system. This is particularly important as statistics over the years regrettably illustrate that domestic abuse is on the rise. According to NHS reports, during the Covid-19 pandemic domestic abuse charities reported a significant increase in cases: general online domestic abuse searches increased by 352.5% and there was an increase of up to 50% in MARAC referrals. These figures are not to be taken in isolation (pun unintended), other reported statistics over the years note an increase in domestic abuse incidents.

How does domestic violence impact women in the workforce?

A KPMG study for Vodafone in 2019 suggests that more than half a million working in the UK had experienced domestic violence and abuse in the past 12 months as at that date; the potential loss of earnings per woman in the UK as a result of the impact of abuse on career progression was estimated to be £5,800 each year and a staggering £316m in economic output is lost by UK businesses per annum as a result of domestic abuse related work absences. The figures speak for themselves.

Vodafone is one of the many leading employers to recognise the traumatic impact of domestic abuse on employees. The company offers specialist support to employees who are victims of domestic abuse as well as paid leave.

A number of jurisdictions have gone one step further to support victims of domestic abuse by offering statutory paid leave. New Zealand introduced 10 days paid leave in 2018, more recently we have seen Australia introduce similar provisions in February of this year, followed more closer to home by Ireland over the summer.

Family law clients

In my practice as a family solicitor I have seen victims struggle in many ways including financially to come to terms with their circumstances. Victims do not just leave an abuser – quite often they leave everything behind including support networks. Victims should not have to worry about taking unpaid leave or using their ordinary leave entitlement for legal appointments/court hearings or simply for their general wellbeing.

Contractual support and HR policies whilst invaluable remain discretionary. In my opinion, we require provisions similar to those in other jurisdictions to ensure that leave is on a statutory footing and therefore protection guaranteed.

As a result, I have lodged a petition with parliament seeking a minimum of 10 days statutory paid leave for victims of domestic abuse. Will you help to #changethestory by signing and re-sharing to bring about this important change? The petition stays live until 13 March 2024.

 

 

Nailah Kausar is a family solicitor at NYAS

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