My Lords, I was very glad to add my name to my noble friend’s amendments on the workplace. I am grateful to Unison, of which I am a member, for its briefing on this.
Like my noble friend, I am convinced of the need to ensure that victims of domestic abuse are protected at work and that their employers do everything that they can to support them. Domestic abuse is a trade union and workplace issue, as much as any other form of abuse that affects workers’ conditions and income. Home and work issues cannot always be neatly separated. Abusive and violent behaviour does not take place only in the home, but frequently crosses over into the workplace, where victims can experience stalking, threats, harassment and worse. Equally, work can be a lifeline to independent survival for victims of domestic abuse, as they ought to be able to leave their home and maintain a level of income independent from the perpetrator.
All victims should feel safe in the knowledge that they can take action to put their lives back on track with their employment secure, and to be protected while they are at work. This is an important area on which the Government must focus more. I would like to see the remit of domestic abuse protection orders explicitly extended to cover the workplace. They are, after all, intended to secure the immediate protection of a victim from a suspected perpetrator and set out the prohibitions and requirements necessary to do so. Under the current wording of the Bill, an order may
prohibit a perpetrator from coming within a certain distance of the premises lived in by the victim. However, as we heard from my noble friend, there is no mention of the victim’s workplace. Originally, the Government said that they would expect a DAPO to include restrictions on a perpetrator’s access to where the victim worked only if the court considered it necessary, which is not explicit.
My noble friend has referred already to a TUC survey from 2015 which found that one in 10 of those who experienced domestic violence reported that the violence continued in the workplace. We surely must do more to ensure that victims will not be harassed at work by abusive partners threatening their job prospects—the importance of which I have referred to—and their safety.
At Second Reading, the noble Baroness, Lady Williams, referred to the announcement last June that the Department for Business, Energy and Industrial Strategy was undertaking a review of support in the workplace for victims of domestic abuse. Very recently, the key findings from that review were published, alongside the areas of work that the Government will take forward as a result. The report identifies that an effective employer response is founded on being able to spot the signs of domestic abuse and know how to signpost to specialist services. It also sets out the steps which the Government will take to work with employers to raise awareness of domestic abuse as a workplace issue. This is obviously very important. The outcome of the review also focuses on what best practice looks like and the positive role that employers can play. It also discusses the role that employment rights can play in giving employers and employees the certainty that they need.
The Government have promised to consider through a consultation the steps which can be taken for victims of domestic abuse, as well as to consult on taking forward their manifesto commitment to
“encourage flexible working and consult on making it the default unless employers have good reasons not to.”
This is clearly progress. I welcome it, and the amendment from the Government in this group that enables a court making a domestic abuse protection order to prohibit the person against whom it is made from coming within a specified distance of other premises, in addition to those where the person to be protected by the order lives. This is in parallel to the other amendment from the Government, which makes it clear that the requirements imposed on a person by a domestic abuse protection order, so far as practicable, must not interfere with the person’s work or their attendance at an educational establishment.
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I welcome those amendments, but we come back to the major question asked by my noble friend Lord Kennedy: why have the Government chosen not to specify workplaces directly on the face of the legislation? We want a culture in which workplaces are actively considered, not where they are an afterthought or only occasionally thought about. Work is where we spend the majority of our time, and it is essential for giving victims an independent source of income. The amendments that we have put forward would remove
ambiguity and strengthen the Bill, highlighting that domestic abuse is a workplace issue and emphasising the responsibility of employers to protect victims from domestic abuse, at home and in the workplace. I hope that between now and Report the Government will give this further consideration.