Agenda item

            The Committee was reminded that domestic abuse was a serious issue which had the potential to affect any employee of the Council, whether as a victim, survivor or perpetrator. As part of the Council’s Gender Action Plan, a specific domestic violence and abuse policy had been developed and implemented in 2012.

 

            The Director of Organisational Strategy submitted for the Committee’s approval a revised Policy on Domestic Violence and Abuse in the Workplace, which applied to all Council employees, including casual and temporary staff, and which had been agreed by both management and Trades Unions. The Policy, which had taken account of best practice in other organisations, sought to support and assist an employee experiencing domestic violence and abuse, as well as providing guidance on managing situations where an employee were deemed to be the perpetrators. Upon being approved, it would be communicated to staff through a comprehensive training and awareness programme, in conjunction with the Trades Unions.

 

            The Committee approved the revised Policy on Domestic Violence and Abuse in the Workplace, as set out hereunder:

 

“1.       DEFINITION:

1.1.          For the purposes of this policy domestic violence and abuse is defined as any “threatening, controlling, coercive behaviour, violence or abuse (psychological, physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective of age ethnicity, religion, gender, or sexual orientation) by a current or former intimate partner or family member”. (Definition taken from the DOJ and DHSSPS Strategy document: “Stopping Domestic and Sexual Violence” March 2016.)

 

2.               INTRODUCTION

 

2.1.          Domestic and sexual violence and abuse occurs right across our society and it has devastating consequences for the victims and their families. It has no boundaries as regards to age or gender, gender identity, race, religion, ethnicity, sexual orientation, wealth, disability or geography. 

 

2.2.          Domestic violence and abuse is a pattern of behaviour that is characterised by the exercise of control and the misuse of power by one person over another within an intimate or family relationship, including same sex relationships.  It is usually frequent and persistent.  While domestic violence and abuse most commonly refers to that perpetrated against a partner, it includes violence and abuse against ex-partners, and violence and abuse by any other person who has a close or family relationship with the victim, including parents, children, and siblings. It also includes honour based violence and abuse.

 

2.3.          Domestic violence and abuse does not just refer to physical violence but also to sexual, emotional and psychological, online, financial abuse and coercive control.  Coercive control is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse used to harm, punish or frighten their victim.  This controlling behaviour is designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence and regulating their everyday behaviour.  Domestic violence and abuse is, in many cases, made up of a combination of different forms of abuse.  Domestic violence and abuse affects not only adults but may be inflicted on, or witnessed by children.  The potential adverse effects on children living with domestic violence and abuse includes poor educational achievement, social exclusion and juvenile crime, substance and alcohol misuse, mental health problems and homelessness.

 

2.4.          Belfast City Council strives to create a working environment that promotes the view that violence against people is unacceptable and that such violence will not be condoned and that everyone has a right to live free from fear and abuse.

 

2.5.          The Council is committed to raising awareness of domestic violence and abuse in the community through the work of the Policing and Community Safety Partnerships (PCSP), the Belfast area Domestic and Sexual Violence Partnership and with other local organisations in the Belfast area, including PSNI, Women’s Aid and Onus, through its Safe Place initiative.

 

2.6.          The Council also recognises that our employees and colleagues (and potentially their family members)  may be experiencing domestic violence and abuse, that home and work issues cannot always be separated and that domestic and sexual violence and abuse can impact greatly on the working life of employees and can result in:

 

·        A deterioration in employee performance

·        Increased and unexplained absenteeism

·        Poor timekeeping etc.

These could potentially threaten job security and prospects where the cause of these behaviours is unknown to the employer.  The Council is therefore committed to providing appropriate advice and support to affected employees, while they are in work, and in addressing their circumstances outside the workplace.  The Council also recognises that employees may be indirectly adversely impacted by a close family member experiencing domestic violence and abuse.

 

2.7.          Domestic violence and abuse has a damaging effect on people and can have an adverse impact on their employment, e.g. increased absence levels as a result of physical injuries and/or mental health issues, victims not being allowed out of the house to attend work and performance issues when in work.  However, the cause of these effects is often not talked about because victims are frightened of further attack and/or of perceived repercussions on their ability to carry out their job.

 

2.8.          This policy demonstrates the Council’s commitment to providing guidance for employees and managers to address the occurrence of domestic violence and abuse and its effects on the workplace.

 

3.               PURPOSE

 

3.1.          The purpose of this policy is to support employees who are affected by domestic violence and abuse and to establish a framework to assist the Council in providing that support. 

 

4.               SCOPE

 

4.1.          Belfast City Council acknowledges that while it is mainly women who experience domestic violence and abuse, this policy applies equally to every employee of Belfast City Council, regardless of gender, gender identity, gender expression or sexual orientation.  In support of this, it is the Council’spolicy that anyone who is experiencing or has been affected by domestic violence and abuse can raise the issue, in the knowledge that we will treat the matter effectively, sympathetically and in line with our statutory obligations.

 

4.2.          The Council recognises that domestic violence and abuse is not confined to the home and that it is likely that it will impact upon the employee in the workplace.  The Council recognises its duty to keep an employee safe within the workplace and would encourage employees to disclose to a line manager or “Trusted Colleague” (see paragraph 8.6) if they have any concerns about their safety in the workplace, or travelling to and from the workplace.  Belfast City Council will take all reasonable steps to address these concerns.

4.3.          The Workplace Policy on Domestic Violence and Abuse applies to all Council employees (including casual workers and temporary staff).  The Council will also take all reasonable steps to support all agency assignees who are placed in Belfast City Council.

 

5.               AIMS AND OBJECTIVES

 

5.1.          The aim of the policy is to make the workplace a safe and supportive environment for all employees of the Council who are affected by domestic violence and abuse.

 

5.2.          The objectives of the policy are to set out how the Council will:

 

·        offer support to our employees in addressing problems arising from domestic violence and abuse sympathetically and in confidence (as far as possible);

 

·        maximise the safety of our employees in the workplace;

 

·        signpost employees to external support agencies who can carry on support beyond the workplace;

 

·        deal effectively with perpetrators of domestic violence and abuse among our workforce, as appropriate and to challenge behaviours and attitudes through our awareness raising campaigns. 

 

6.               CONFIDENTIALITY

 

6.1.          Whilst employees experiencing domestic violence and abuse normally have the right to complete confidentiality, in circumstances of child protection or the protection of adults at risk of abuse, there may be a legal obligation on the Council to notify appropriate protection services.  It is likely that complete confidentiality cannot be guaranteed in these situations.  For example, where a risk to children or to vulnerable adults is identified, then the Council may have a duty to inform social services.  Where this arises the employee will be informed.

 

7.               RIGHT TO PRIVACY

 

7.1.          The Council respects an employee’s right to keep private the fact that they have experienced domestic violence and abuse within the statutory limitations outlined in paragraph 6.1 above.

 

8.               PROVIDING SUPPORT FOR EMPLOYEES

 

8.1.          The Council will make every effort to assist an employee experiencing domestic violence and abuse and will consider the following actions where applicable and where the work of the Council and services to citizens will not be compromised by their implementation:

 

·        If an employee needs to take leave from work due to domestic violence and abuse, the length of the leave will be determined by the individual’s situation through collaboration with the employee and their line manager subject to balancing both service needs and the needs of the individual.

 

·        In this context managers and supervisors are encouraged to provide a sympathetic response to requests for special paid or unpaid leave; flexible working and other work-life balance arrangements as a result of domestic violence and abuse, for example flexibility in working hours or time off when required to enable the employee to seek protection, go to court, look for new housing, enter counselling, arrange childcare etc.

 

·        The Council will consider the requirement for a change of working arrangements on a short-term or long-term basis, as necessary.  (For example, moving the employee away from the reception area or from working in a ground-floor office which is visible from the street if required; redeployment or relocation, changing shift patterns, changing hours).

 

·        Changes to arrangements for the payment of salary, if requested (including a salary advance, if needed, e.g. to acquire alternative accommodation).

 

8.2.          Belfast City Council recognises that people experiencing domestic and sexual violence and abuse are at increasing risk when they attempt to leave an abusive partner.  They may become vulnerable going to and coming from work, or while they are at work as the perpetrator knows where they can be located.  This can give rise to health and safety issues including the risk of violence occurring in the workplace.

 

8.3.          Employers have a duty of care under the Health and Safety at Work (NI) Order 1978 to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.  The Management of Health and Safety at Work Regulations (NI) 1992 also requires employers to assess the risks of violence to employees and make arrangements for their health and safety by effective planning, organisation and control.

 

8.4.          The Council will make support available to employees involved in domestic violence and abuse through line managers, Human Resources, Occupational Health, the Council’s confidential employee counselling service and the network of “trusted colleagues”.

 

8.5.          The Council has set in place a procedure for designating certain staff members to be “trusted colleagues”.  These employees will be available as the first point of contact for employees experiencing domestic violence and abuse.  They will receive training in responding to disclosures of domestic violence and abuse, information about relevant agencies that offer support and information on current legislation, reports, publications and events to do with domestic violence and abuse.  The trusted colleagues will be drawn from a range of areas/locations within the Council but will include staff from Human Resources and trade union representatives.  The names and contact numbers for all trusted colleagues will be displayed on all location noticeboards.

 

8.6.          The role of the “trusted colleague” is to:

 

·        Be available and approachable to employees experiencing domestic violence and abuse;

 

·        Listen, reassure and support individuals;

 

·        Keep information confidential (subject to the requirements of child and adult protection);

 

·        Respond in a sensitive and non-judgmental manner;

 

·        Discuss the specific steps that can be taken to help the employee stay safe in the workplace;

 

·        Ensure the employee is aware of the options available to them;

 

·        Encourage the employee to seek the advice of other relevant agencies - see appendices for contact details of support services available.

 

8.7.          The Council is aware that victims of domestic violence and abuse may have performance issues such as absenteeism or lower productivity.  When addressing performance and safety issues the Council will make reasonable efforts to consider all aspects of the employee’s situation and/or safety problems and aim to assist the employee in seeking professional help.  The Council will address health and safety concerns in the workplace and will signpost to external agencies to carry on support beyond the remit of the workplace.  The Council will commit to collaborative working with external agencies (if desired by employee) to provide a joined-up approach to supporting the employee, inside and outside the workplace.

 

8.8.          While this policy applies to all employees of the Council, it is line managers, in consultation with “trusted colleagues” and when necessary, Human Resources, who will play a key role in implementing it in practice. 

 

8.9.          The role of the line manager can be summarised as follows:

 

·        Be aware that employees who are experiencing domestic violence and abuse may demonstrate poor punctuality, attendance, work performance and productivity and should take steps to try to establish this prior to instigating any formal council procedures.  Details of possible signs that someone is experiencing domestic violence and abuse are contained in Appendix 1, which can be accessed on mod.gov

 

·        Do not directly confront an employee.  It is for the employee to raise the matter.  If you have concerns or suspect signs of domestic violence and abuse please contact a Trusted Colleague, your departmental HR team or Corporate HR - Employee Relations unit.

 

·        Where domestic violence and abuse is known, managers should contact Corporate HR (Employee Relations Unit) for advice before any discussion with the staff member takes place, if it is possible to do so.

 

·        If approached managers need to be prepared to listen and should ensure they are approachable and available.

 

·        Where it is alleged that a member of staff is perpetrating abuse during work time or using work resources, the manager will discuss this as a matter of urgency with Human Resources.

 

·        Managers will review the security of personal information held on members of staff and ensure that it is retained in a lockable filing cabinet or cupboard and disposed of securely when it is no longer required.

 

·        Managers will ensure that a risk assessment is carried out that will provide a plan to address any security concerns in the workplace.

 

·        Managers will keep a confidential record of any discussions and of any action taken.  This will be kept with the knowledge and consent of the staff member concerned, who will be able to access it. 

 

·        Managers will use discretion to facilitate time off for appointments, counselling, re-housing, court attendances etc.

 

·        Managers will ensure rehabilitative return and support under the Council’s Attendance Policy where appropriate.

 

·        Managers will consider redeployment if necessary in regard to location of work, in liaison with departmental management, business support and Corporate HR.

 

·        Managers will consider changes to working hours, shift patterns or flexible working arrangements.

 

·        Managers will offer support through Occupational Health or Employee Counselling or assist with referrals to specialist agencies for on-going help or support.

 

·        Managers will take advice from Human Resources staff in regard to issues of employment.

 

·        Managers will consider the provision of any relevant training that might provide additional support to employees, e.g. assertiveness training for confidence building.

 

9.               TRAINING MANAGERS AND TRUSTED COLLEAGUES TO IDENTIFY AND RESPOND APPROPRIATELY

 

9.1.          The Council will develop a programme of training for line managers and trusted colleagues to raise awareness of domestic violence and abuse and to ensure a common understanding of this policy and guidance.

 

9.2.          The training will include:

 

·          Signs that an employee may be experiencing difficulties;

 

·          How to provide initial support;

 

·          Referrals to other agencies;

 

·          Ways to help the person stay safe in the workplace;

 

·          The importance of understanding that they are not counsellors (counselling is to be left to trained professionals and no one should attempt to act in place of a domestic violence and abuse expert or counsellor).

 

10.            GENERAL EMPLOYEE RESPONSIBILITIES

 

10.1.       All employees of the Council have a responsibility to:

 

·          Accept primary responsibility for their personal safety and that of their colleagues;

 

·          Familiarise themselves with and follow this policy and bring to the attention of their managers any concerns which they have relating to personal safety;

 

·          Participate in training that has been made available to them on domestic violence and abuse;

 

·          Ensure that no personal information relating to colleagues is passed on to callers.

 

11.            VISIBLE RESOURCES THAT PROVIDE SUPPORT

 

11.1.    The Council will provide contact details for “trusted colleagues” and a range of organisations which can offer support to employees living with domestic violence and abuse.  These will be found in highly visible locations as well as in private locations, so that they can be picked up discreetly by employees.  Safe Place cards will be left in discrete but accessible locations.

 

12.            PERPETRATORS WHO ARE EMPLOYEES

 

12.1.       With regard to perpetrators of domestic violence and abuse, the Council will undertake to do the following:

 

·        Reserve the right to invoke the disciplinary procedure against any employee who perpetrates violence, including domestic violence and abuse and/or who uses the Council’s time, property or other resources to abuse a partner or family member or to aid another to do so. The Council will establish the facts of the case, in line with the requirements of the disciplinary procedure, before considering if disciplinary action is justified.

 

·        Refer to the Council’s Criminal Misconduct Guidelines.  It may be the case that such an issue is dealt with in the criminal legal system either as an alternative to, or concurrent to, the disciplinary procedure.

 

·        Take action, as appropriate, to minimise the potential for a perpetrator to use his/her position or resources to find out the whereabouts, or other details, of his/her partner or ex-partner.

 

·        Consider requests for time off to attend appropriate interventions, when perpetrators are seeking help to address their abusive behaviour.

 

12.2.    In cases where both the perpetrator of domestic violence and abuse and the victim are employed by the Council, action may need to be taken to ensure that both the victim and the perpetrator do not come into contact in the workplace.

 

13.            COMMUNICATING THE POLICY

13.1.    The Council will raise awareness of domestic violence and abuse through a variety of methods, including:

 

·        Preparation and distribution of information to publicise the Council’s policy and to raise awareness of the issues of domestic violence and abuse.

 

·        The provision of information about agencies that can offer advice, information and support.

 

·        Whilst it is acknowledged that these steps will be effective in the short term in raising awareness, the Council is committed to continue to communicate and raise awareness of domestic violence and abuse in the longer term using methods deemed to be the most effective and appropriate.

 

14.            REVIEW

 

14.1.    This policy will be reviewed regularly by the Council and, if necessary, revised in consultation with recognised Trade Unions in light of changing legislation and current good practice.  Details of the next scheduled review are contained on the front cover of this policy.”