Baroness Burt of Solihull:

Moved by Baroness Burt of Solihull

75: After Clause 72, insert the following new Clause—“Code of practice: employer’s duty of care(1) In this section—(a) “worker” means an individual who has entered into or works under a contract of employment or any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and(b) “employer” means the person to whom the worker undertakes to perform the work or services in question.(2) The Secretary of State must issue a code of practice (a “code”) containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer in relation to their work.(3) A code may include provision requiring an employer to make reasonable adjustments for the purpose of ensuring that persons affected by domestic abuse are not, by reason of being so affected, placed at a substantial disadvantage in relation to their work in comparison with persons who are not so affected.(4) The Secretary of State may revoke or amend a code.(5) Before issuing, revoking or amending a code the Secretary of State must— (a) issue proposals, and(b) consult the Commissioner and such other persons as the Secretary of State thinks appropriate.(6) Failure to comply with a provision of a code does not of itself make a person liable to civil or criminal proceedings; but a code shall be—(a) admissible in evidence in criminal or civil proceedings, and(b) taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, including (in particular) any case in which a question arises as to whether an employer is in breach of a duty of care owed to a worker.”Member’s explanatory statementThis Amendment would require the Secretary of State to issue a code of practice containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer.

My Lords, I start by thanking the noble Baronesses, Lady Meacher and Lady Bennett of Manor Castle, for their support of this Amendment. Time is getting on and we have a lot to go through tonight, so I promise I will not detain the House by repeating the arguments I used in Committee.

I am very encouraged by the letter I received from Minister Scully outlining all the steps that the Government have taken and are taking to make employers aware of what they can do to support victims and signpost them towards help. I also commend the Government on their recent review, Workplace Support for Victims of Domestic Abuse. As we know, the workplace is one of the few places where the victim is usually separate from the abuser. If the workplace culture is positive and the employer knows how to help by signposting the victim, this can make all the difference. Sadly, the review outlined a mostly different picture: a lack of awareness of the warning signs of abuse; stigma around talking about it; and a lack of knowledge of what to do to help.

In his letter to me, Minister Scully said:

“We will now work together with employers, representatives of victims and trade unions to continue to build awareness and understanding of domestic abuse and drive good practice across the board.”

The Chartered Institute of Personnel and Development and the Equalities and Human Rights Commission have produced an oven-ready code of practice. It is only one small step to put implementation into government guidelines on duty of care. What will these guidelines consist of? Will they be incorporated into the other duties of care required of employers? If not, what will it look like?

Regrettably, this knowledge will not filter down to employers by osmosis. We need one small step, such as a government extension of the duty of care to extend to larger organisations incorporating a policy on employee domestic abuse victims into their existing employee policies. That in itself would send a powerful signal not just to victims but to abusers that this behaviour is not okay and that help is at hand. Now, when employees are coming back to work, is an ideal time to welcome them with a policy that confirms their self-worth and the fact that they are regarded and cared for.

The Government have made great strides already. The establishment of a code or duty is just half a step more. The result is a big benefit for all concerned: employees who feel able to bring their whole selves to work; other employees who also feel valued and supported; and, not least, employers, who reap the rewards in terms of enhanced loyalty and productivity. It is a win-win, and the only cost to the employer is a little thought. I beg to move.

My Lords, I am very glad to speak in this debate. I thank the noble Baroness, Lady Burt, for moving the Amendment. I was very pleased that the Government confirmed in Committee that domestic abuse protection orders would cover the workplace as well as the home. This is a very important step in ensuring that victims remain protected at work, and it is a first step to ensuring that domestic abuse is seen as a workplace and trade union issue. Home and work cannot be neatly separated, and this has never been truer than during the Covid pandemic.

I declare my interest as a member of UNISON, and I was particularly pleased that its campaign was so successful. I warmly congratulate its new general secretary, Christina McAnea.

There is no room for complacency, as the noble Baroness said. I am certainly convinced of the need to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them. I have already said that home and work issues cannot always be neatly separated. Abusive and violent behaviour does not always take place in the home; it can frequently cross into the workplace, where victims experience stalking, threats, harassment and even worse. Equally, work can be a lifeline to independence and survival for victims of domestic abuse, as they are ordinarily able to leave their homes to go elsewhere and can 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 that they will be protected while they are at work. The Government have a responsibility to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them.

We know from a TUC survey from 2015 that one in 10 of those who experienced domestic violence reported that the violence continued in the workplace. Over 90% of respondents to the survey who had experienced domestic violence reported that it had caused conflict and tension with co-workers, and a quarter of respondents reported that their co-workers were harmed or threatened.

This is where discussion about the code of practice comes in. The requirement that the code should be

“designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support” is certainly an interesting suggestion. From listening to the noble Baroness, Lady Burt, I can certainly see the attractions of a code of practice. As she said, she has had discussions with relevant organisations on it.

However, I put to the noble Baroness the risk that, in any criminal or civil proceedings, compliance with the code by an employer may become the issue, rather than the domestic abuse carried out by a perpetrator. In the experience of UNISON, with which I have discussed the amendment, the introduction of a policy would seem to be much more effective in encouraging victims to volunteer that they are affected by domestic abuse, enabling referral to appropriate support agencies. In other words, while employers must ensure that they are meeting their duty of care, this might be seen as a blunt instrument. But I recognise that it is being moved with the best of intents and, in the work that goes forward, I am sure that it will be important to consider a code alongside the other measures that are clearly important to take.

My Lords, as someone involved in a small business as an employee, and having run a number of small businesses over many years, I can certainly applaud the general sentiment behind this Amendment. However, its scope would potentially enmesh a category of small business that could be regarded as disproportionately wide. We should bear in mind that many are microbusinesses: they do not have HR departments and may well operate, as my employer does, in a very dispersed and diffuse mechanism. Setting in place a code and signposting this issue is, however, certainly desirable.

Work environments are not always on fixed premises—they may be in all sorts of places. In construction, certainly, they can be literally anywhere and in all sorts of circumstances. All sorts of people may be involved in those setups as an employer or employee, within the definition proposed here.

I want to refer to the other examples that we have for ensuring better workplace consciousness. We had this on health and safety: ultimately, that was backed by statutory provisions but it had a massive effect on the culture of safe working in construction, in particular—possibly not so much on farming, where children were particularly at risk. More recently, we have had what might be described as a much more voluntary process on mental health. Much has been said about this over the last two or three years to do with employees looking out for what might be troubling their colleagues and just asking them: “Are you all right?” So often it is that which is brought to the attention of somebody who matters and can achieve an effect, rather than necessarily the employer, who may be somewhere else and not in direct contact.

This is a matter of best practice. It goes along with general health and bereavement, and that sort of thing. I am less sure that making it prescriptive is the right way forward. As I said, I applaud the principle and general sentiment behind the amendment. If the Minister felt that she could concede to the point of at least producing some detailed statutory or other guidance that could be followed, it would be a material step forward.

My Lords, I want to make one brief point. A code of practice or something which is a guide to employers—and is obviously to be shared with people in the workplace—would and should be welcome to employers. I say that in the context of increasing awareness of domestic abuse, that it happens so often and what it comprises. There must be employers who are now and have been wondering what they should be doing. Assistance to employers is a part of the range of responses that we are becoming so conscious of needing to be in place.

My Lords, it is a pleasure to follow the noble Baroness, Lady Hamwee, and to build on her points. In the hugely powerful debate on the previous Amendment, the noble Baroness, Lady Royall of Blaisdon, said that the system has to change. That is what this amendment is all about. Employers are very much part of the system that has to help the victims and potential victims of domestic abuse. I rise briefly to offer the support of the Green group for the amendment and I thank the noble Baroness, Lady Burt of Solihull, for tabling it. I am pleased to join the noble Baroness, Lady Meacher, in supporting it because that expands the cross-party nature of its backing. I thank in particular Hestia, the London-based domestic abuse service, for its useful briefing, and the charity Surviving Economic Abuse.

As I said in Committee, the statutory need for paid leave to deal with the impact of domestic abuse is urgently needed and a code of practice for employers, including a provision for reasonable adjustments, would be a good start. An economic case can easily be made for allowing employees to sort out their issues to end any drag on their productivity, but there is also the humanitarian case and indeed simple responsibility and duty of care, as well as the basic principles of health and safety in the workplace. For everyone to be safe at work, both the survivors of domestic abuse and those around them need to know that the framework is in place. A 2017 study found that 86% of employers agreed that they had a duty of care to support employees experiencing domestic abuse.

The will is there but the knowledge can often be lacking. I have been thinking back over my professional life as a journalist and a manager of journalists. That management started in my mid-20s when I frequently had a pastoral duty of care to staff, which, in retrospect, as a young and untrained manager, I was not well equipped to handle. I have never knowingly had a staff member who was the subject of domestic abuse, but I had a much older male boss, who I suspect was rather at a loss, who asked me to do what I could to support a colleague, which I did, although I fear not terribly well. That was a long time ago and there was certainly no guidance then, although there should be now: a binding code of practice with the resources to back it up, along with a step-by-step guide to action, would be a great relief to the many businesses and managers facing the complicated pressures that they are today.

The noble Earl, Lord Lytton, expressed concern about the extra pressure on very small businesses. I think that they would be among those most relieved to have a code to follow—a map that should, I suggest, recognise the different capacities of different sizes of business, and provide appropriate support routes where businesses do not have the resources themselves. The vast Majority of businesses want to do the right thing, but they need government support, help and guidance to do so. It also makes economic sense for individual businesses and for the whole community to do so.

A broader point can be made here, not only in terms of this amendment but on something that has arisen across our debates, but perhaps it has not often been set out explicitly. Domestic abuse is a problem for the whole community, not only for victims, law enforcement and social workers; every part of the community needs to be involved in tackling it, and that includes employers in particular.

My Lords, I support Amendment 75 tabled by the noble Baroness, Lady Burt, to which I have added my name. Surely one of the attractions of this amendment for the Government is that it will not cost any taxpayer money, but it would, as the noble Baroness, Lady Burt, has indicated, make a big difference to the lives of an awful lot of people and, indeed, improve their productivity at work.

Many employers are already extending their duty of care responsibilities to employees who are the victims of domestic abuse. The aim of the amendment is to extend this good practice to all employers through the use of a code of practice. There are strong reasons for the Government to accept this amendment. According to research carried out by the Home Office in 2016-17, police handling of domestic abuse in England and Wales cost £1.3 billion—10.2% of the policing budget. The same research showed that the lost output and reduced productivity resulting from domestic abuse cost the country £14 billion, although presumably a lot of that will have been borne by employers in lost output. It is therefore not surprising that BEIS has made it clear in a recent report that it supports employers acting on domestic abuse. The department pointed to three challenges, including the need to raise employer awareness and to spot the signs of abuse. What better way to do that than with a code of practice for employers issued by the Government? The BEIS report committed to establishing a working group made up of the Government, employers, representatives of domestic abuse victims, and trade unions to convene regularly to find practical solutions, drive culture change and establish best practice. Of course, such a working group could usefully contribute to a code of practice.

As has been widely publicised, Covid has greatly exacerbated the problem. Calls to the Refuge national domestic abuse helpline have increased by 66% and visits to the website increased by an extraordinary 957% in the two weeks prior to 27 May 2020. These are extraordinary figures, and this is therefore a peculiarly appropriate moment for the Government to support this proposal. We know that domestic abuse remains shrouded in shame and secrecy, so that too often victims do not seek the help that they need. As one victim, a police officer, said: “There is no way that I would have even framed what I was going through as abuse. It had just gradually become my normal. The chances of me reaching out for help or support would be zero.” Hence the importance of employers taking the initiative to make it clear that they understand the issues and are there to provide support in relation to work.

Thanks to the tireless efforts on this issue of Elizabeth Filkin, chair of the Employers’ Initiative on Domestic Abuse, and her colleagues, many well-known employers are already offering support to employees who are domestic abuse victims. I quote from a report by Elizabeth Filkin, Theresa May and others, to illustrate the examples of employer support which could and should be followed by others, and which would be stimulated by a code of practice as proposed here by the noble Baroness, Lady Burt. The report says that

“Lloyds Banking Group has informed staff that if they need to leave home, it will arrange hotel accommodation and help them move”,

which is pretty impressive, and

“Chelsea Football Club are supporting Refuge. Boots, Morrisons and pharmacies are providing safe spaces in their shops for customers facing domestic abuse to gain access to domestic abuse services. … Thames Valley Police created a Vulnerability Task Force during lockdown which focussed on historic victims of domestic abuse who may have been unable to report due to COVID-19 restrictions. From the beginning of lockdown to 5 June they had over 1500 contacts with victims … The feedback from these contacts has been extremely positive”.

Following on from the contribution by the noble Earl, Lord Lytton, clearly the code would need to take account of the very different circumstances of many small businesses. One government department, BEIS, is already committed to the employer domestic abuse agenda represented by this amendment. I hope that the Minister can assure the House today that the Government accept the proposal for a code of practice on this issue. I look forward to the Minister’s response.

My Lords, I am delighted to support Amendment 75, tabled by the noble Baroness, Lady Burt of Solihull. As she explained, it will require the Secretary of State to issue a code of practice containing provisions designed to ensure that workers affected by domestic abuse have appropriate care and support from their employer.

We had a good debate on this issue in Committee. We are all aware that we spend a lot of time at work, so a victim of abuse can spend a lot of time with their work colleagues. This code will set out the reasonable steps that an employer should be taking to support their employees, and is very welcome. Like the noble Baroness, Lady Bennett of Manor Castle, I have been a manager in the past, and I certainly had staff who had problems and issues and I have tried to be supportive. I do not believe that anybody had domestic abuse issues, but there were certainly other problems. I hope that as a manager I took the right actions to support work colleagues and get them over their problems. Having a code provides, for the employer, staff and managers, guidance on what reasonable adjustments can be made. That is really important.

We all know what goes on with abusers: they seek to disrupt and cause chaos in the victim’s life, drive them out of work and make them economically dependent so that they are even more under the abuser’s control—and, of course, abuse is all about control. This code is important; it would be a really good tool for employers. I hope the Minister will be able to get this right and put it on a statutory footing. The overwhelming Majority of employers want to do the right thing; the noble Baroness, Lady Meacher, listed a number of organisations which are clearly doing just that—but we should not assume that everyone knows the right thing to do. I hope we can support this. I look forward to the Minister’s response.

My Lords, I am grateful to the noble Baroness, Lady Burt of Solihull, for again raising the important issue of support in the workplace for the victims and survivors of domestic abuse, and to all noble Lords who have spoken in the debate again this evening. As the noble Baroness said in Committee, the workplace can be an important safe haven for victims, and the Government are clear that domestic abuse is everyone’s business. We know from our recent review just how important the role of employers can be, and that guidance is an important and useful tool. As the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Kennedy of Southwark, said, employers and managers want to know how they can best help in this area. That is why we are including information for employers in the statutory guidance associated with the Bill.

The guidance that we have published in draft form refers to the exemplary toolkit provided by Public Health England, Business in the Community and the Employers’ Initiative on Domestic Abuse, which will improve the support available for employers and their employees. We have also welcomed and promoted the excellent guidance provided by the Equality and Human Rights Commission and the Chartered Institute of Personnel and Development.

The power to issue guidance under Clause 73 is wide-ranging; it would enable guidance to be issued on any matter relating to domestic abuse. Accordingly, we do not believe that it is necessary to include in the Bill a separate, specific provision relating to guidance for employers. Moreover, we have committed to producing guidance and tools for employers which will enable more victims to come forward and ask for help in the workplace. Amendment 75 recognises the importance of the consultation process in developing guidance and sees a role for the domestic abuse commissioner. As we set out in a report earlier this year, we will work with employers, trade unions and representatives of victims and survivors.

We are grateful for the support provided by the designate commissioner for the BEIS review last year and we want to continue to make use of her expertise as we move forward in this important area. This approach will help to design effective guidance and to reach the maximum number of employers. It is important that we continue to bring employers with us, and work together to harness their full potential to tackle domestic abuse. It is also important that guidance can be responsive to changing circumstances and evolve with best practice and the examples of employers in different areas.

However, guidance is not the only tool to engage employers in relation to this issue. There have been some significant achievements already. Last year, we partnered with the Employers’ Initiative on Domestic Abuse to raise awareness and provide guidance to employers on domestic abuse in lockdown. We continue strongly to encourage all employers to join the Employers’ Initiative, which I believe has seen a remarkable growth in its membership. This shows just how interested employers are in this important issue. The noble Baroness, Lady Meacher, mentioned a couple of specific employers; I was pleased to mention some other examples in Committee.

The Government have also implemented the Ask for ANI scheme in thousands of pharmacies. Most recently, the Department for Work and Pensions, together with the Sharan Project, has launched the Employers Domestic Abuse Covenant. By signing up to this covenant, businesses pledge to raise awareness and identify opportunities to help women affected by domestic abuse with access to work and skills. I hope and believe this demonstrates that the whole Government have a clear course of action and a strong commitment to working in partnership with employers and the specialist sector to support victims in the workplace.

In summary, we wholeheartedly agree with the noble Baroness on the important role that employers have to play in supporting victims of domestic abuse. I hope that she will recognise the work that we have set in train to build on the important work of the Employers’ Initiative and others and that, on that basis, she will be content to withdraw her amendment.

My Lords, I am very grateful to all noble Lords who have spoken this evening. Their knowledge always delights and surprises me, and we have heard knowledgeable contributions tonight from different perspectives.

I thought the contribution of the noble Lord, Lord Hunt, was very perceptive; he said that you cannot separate home from work. One of the things on which I probably bore for England is the fact that work is so important—you cannot just be a different person when you go to work; you have to bring your whole self.

We learned from the noble Earl, Lord Lytton, about the experience of small businesses. He expressed one or two concerns. I do not think the code was intended for implementation straightaway, certainly for small businesses—larger businesses will have to show the way.

My noble friend Lady Hamwee talked about how the code of practitioners would be welcome to employers; it is a help, not an effort to dictate to them. That theme was echoed by the noble Baroness, Lady Bennett; employers would certainly reach out for a guide, because of the lack of knowledge within companies.

I loved the comment of the noble Baroness, Lady Meacher, that it costs nothing to the Government—it also costs very little to employers—who reap the reward many times over in the savings and in terms of misery to them and to the country. Figures of £1.3 billion to the police and £14 billion to the country were given. There are also examples of what companies are doing already, which demonstrates the willingness and thirst to embrace that code of practice and to incorporate that duty of care into the other duties of care that employers have.

The noble Lord, Lord Kennedy, made a number of very supportive comments, for which I am grateful.

In conclusion, I want the Government to accept the proposal for a code of practice. It does not have to be in this Bill; I am persuaded of that because of the progress they are making. Taking all that into consideration and having raised the issue, I am hopeful that this will spur on the Government, the trade unions and other organisations to start to look at the practicalities of how a code would move things forward and all the different things they can do to embrace and understand how employers can help. With that, I beg leave to withdraw the Amendment.

Amendment 75 withdrawn.

Amendment 76 not moved.

We now come to the group consisting of Amendment 77. Anyone wishing to press this amendment to a Division must make that clear in debate.