Domestic Abuse – Safe Leave Public Consultation: Departmental Response

Contents

• Ministerial Foreword
• Executive Summary
  • Background
  • The Consultation
  • Departmental Response
  • Next steps
• Summary of Domestic Abuse Safe Leave Consultation Responses Received
• Analysis of Responses
  • Defining Domestic Abuse for the Purposes of Safe Leave
  • Issues Related to Domestic Abuse
  • The Leave Year
  • How to take Safe Leave
  • Remuneration
  • Ensuring People can take Safe Leave
  • Resolving Disputes
• Next Steps

Ministerial Foreword

I want to begin by thanking all the organisations and individuals who responded to the consultation. The quality and breadth of the responses demonstrate a shared determination to ensure that those experiencing domestic abuse are treated with dignity, compassion and understanding. I am particularly grateful to those who drew on personal or professional experience to inform this important work.

Domestic abuse is abhorrent. Its effects can impact every part of a person’s life, including their safety, health, finances, family relationships and ability to work. Although abuse in many cases may take place behind the closed doors of home and away from the workplace, its consequences do not remain at home. Work can be a vital source of stability, independence and support for those experiencing domestic abuse. The practical steps needed to secure safety, obtain legal advice, access healthcare or welfare support, make financial arrangements, or find alternative accommodation, often have to be taken during working hours and, at times, at very short notice.

Safe leave is therefore an important employment right, its introduction is a commitment within my wider Good Jobs agenda and will support the Executive’s Programme for Government priority of Ending Violence Against Women and Girls. It is intended to give employees and workers time to deal with the immediate and practical consequences of domestic abuse without having to choose between their safety and their job. 

For that right to be effective, it must be accessible, flexible and underpinned by respect for privacy and security. It must also give employers a clear and workable framework so that they can respond sensitively and consistently when support is needed. The consultation responses have greatly assisted my Department in shaping that framework. I hope the introduction of safe leave will give those affected greater confidence that, if they choose to seek support, their workplace can respond appropriately and help them take the steps they need towards safety and greater independence.

Dr Caoimhe Archibald - Minister for the Economy

Executive Summary

Background

The Domestic Abuse Safe Leave Consultation ran from 5 July to 27 September 2024. The purpose of the consultation was to inform the public about the Department’s intention to introduce regulations under, and in accordance with, the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022 (“the Act”). The regulations will provide employees and workers who are victims of domestic abuse with an entitlement of 10 days of safe leave in each leave year for the purpose of dealing with issues related to that abuse. Pay for each period of safe leave taken will reflect the remuneration the person would normally have received had they been in work, including relevant regular components of pay.

The consultation highlighted that while the term ‘victim’ was used in the consultation to refer to an employee who is being, or has been, subjected to abusive behaviour as this reflects the terminology used in the Act.  The Department recognises that not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a victim and may prefer another term, for example, survivor. The use of the word ‘victim’ will be used throughout this response document, but the Department again wishes to emphasise that anyone reading the response is encouraged to use the terminology which is most relevant to their personal experience.

The consultation outlined the guiding principles that inform the development of the policy options:

• Creating a framework that can be easily accessed by those who need to avail of it, we need to be mindful that in seeking to use this provision we do not wish to add to the trauma that victims of domestic abuse have already experienced. 
• Creating a framework where the measures operate well and employers can easily understand their obligations and how they can support their employees using these provisions. We need to ensure that the process will help build on and maintain supportive working relationships for victims of domestic abuse and their employers.
• At all stages, being fully aware of the need to protect the privacy and security of the victim when managing information provided by the employee and minimising, where possible, the administrative burden on the employer.

The Consultation

The Department asked 16 questions seeking views on the following issues which needed to be clarified to enable employees and workers to access safe leave, including:

• The specific definition of domestic abuse for the purposes of safe leave; 
• Definition of leave year and flexibility to take safe leave; 
• Notice for safe leave; 
• Calculation of pay for the purposes of paid safe leave; 
• The content of guidance that the Department will provide to support the safe leave framework; and
• Resolving disputes related to safe leave.

Departmental Response

Having considered the responses received to the consultation it is the Department’s intention to:

• Define domestic abuse broadly for safe leave purposes, covering the behaviours consulted on and covering both single incidents and patterns of behaviour;
• Align the leave year for the purposes of safe leave, as far as appropriate, with the existing definition of leave year for annual leave purposes, set out in the Working Time Regulations (NI) 2016 while keeping the entitlements separate;
• Allow safe leave to be taken flexibly, including in half-days;
• Require only limited notification needed to administer the leave, without requiring disclosure of the particular purpose of safe leave or details of the abuse;
• Provide all eligible employees and workers with an entitlement to 10 days of paid safe leave in each leave year, and pay each period of safe leave taken at the remuneration the person would normally have received had they been in work; and
• Support implementation through practical guidance developed with relevant stakeholders.

Next Steps

The Department is finalising the regulations and developing the supporting guidance in parallel. The guidance will explain the statutory requirements, provide practical examples and help employees, workers and employers implement the right consistently, sensitively and securely. The Department will continue to engage with key stakeholders as this work progresses.

Summary of Domestic Abuse Safe Leave Consultation Responses Received

There were 55 responses received in total. 28 were submitted through Citizen Space and 27 submitted by e-mail to the consultation mailbox.  High-level detail on the number of responses received for each question has been provided. It is important to note that not all respondents answered all questions.  An overview of the information supporting the responses received has been provided.

Breakdown of Consultation Respondents

The classification of the 55 respondents broke down as follows:

Individual	13 (10 employed, 2 unemployed, 1 retired)
Employer	9 (3 from Private Sector, 4 from Public Sector, 2 from Charity/Voluntary Sector)
Representing a Trade Union	6
Representing an Industry or Employer Association	5
Representing a Charitable or Community and Voluntary Organisation	13
Other	9

When analysing consultation responses, the Department is mindful that representative bodies, trade unions and umbrella groups respond on behalf of large groups of members.  Where quantitative data has been provided, it should be noted that these umbrella organisations have been recorded as one single response. However, the Department is aware that these responses provide the representative view of multiple stakeholders.

Insofar as is possible, statistical information is provided. However, given the open nature of many of the questions and subsequent responses received, our analysis focuses on summarising the qualitative responses to the consultation and identifying the emerging key themes.

The provision of statistical information in this document is for the purpose of adding context to the responses and should not be read in isolation. The narrative commentary is a broader reflection of responses received.

Analysis of Responses

Defining Domestic Abuse for the Purposes of Safe Leave

Definition of Abusive Behaviour

Question 1

The Department proposes to include all of the abusive behaviours outlined below in its definition of abusive behaviour. Do you agree that the behaviours below should be included? Are there any other behaviours relevant?

The consultation document outlined that the Domestic Abuse (Safe Leave) Act (NI) 2022 contains broad regulation making powers which are designed to allow the Department to develop policy and practical implementation features of the safe leave framework. These broader regulation making powers allow the Department some discretion as to how it develops the specific definition of domestic abuse for the purposes of safe leave.

While the Act permits the Department to reference the Domestic Abuse and Civil Proceedings Act (NI) Act 2021 (“the 2021 Act”), it is not obliged to do so.

The consultation advised that the Department has some concerns about directly linking the safe leave regulations to the provisions in the 2021 Act, as those provisions are descriptors of a criminal offence. This may not be an appropriate threshold to set in terms of accessing an employment right. The Department, therefore, sought views on the core components of the definition to inform the safe leave regulations and invited views on its proposal to capture all of the abusive behaviours listed in the 2021 Act in its definition for safe leave purposes.

Respondents were asked if they agreed that behaviours listed at Table 1 below should be included in the definition of domestic abuse for the purposes of safe leave. 

There were 53 responses to this question.  53 respondents (100%) agreed that the behaviours listed should be included in the definition of domestic abuse.  None of the 53 respondents disagreed that the behaviours listed should be included in the definition of domestic abuse. 

Table 1

Type of Behaviour	Yes	No
Physical abuse	53	0
Psychological abuse	53	0
Sexual abuse	53	0
Financial abuse	53	0
Emotional abuse	53	0
Controlling behaviour	53	0
Coercive behaviour	53	0
Other (please specify)	32	0

In terms of other behaviours which respondents considered could be relevant to a definition, the most often suggested were stalking and online abuse/use of technology. 

Many respondents referred to the legislation passed by the Department of Justice and the behaviours included in the 2021 Act. 

There was a call to ensure the ‘future proofing’ of any other associated behaviours for the purposes of safe leave to be taken. Some respondents suggested that the Department should ensure that abusive behaviour currently not defined, but that would constitute the behaviour listed, is clearly set out within guidance and revised regularly.

Departmental Response:

The Department is grateful to respondents for their strong support for a broad definition of abusive behaviour. The regulations will cover all the categories proposed in the consultation, recognising that domestic abuse can take many forms and that its effects will differ for each person. This inclusive approach is consistent with the overriding purpose of the Act: to ensure that victims and survivors can access paid safe leave when they need time to address the consequences of abuse, without avoidable gaps in protection.

A definition specific to safe leave will provide clarity for employees, workers and employers without importing a criminal-law threshold or suggesting that abuse must have been reported, investigated or established as an offence before the right can be used. It would not be appropriate or practicable to list every form that abusive behaviour may take, particularly as methods of abuse can change over time and may involve developing technology. The guidance will provide explanations and practical examples of the forms that abusive behaviour may take.

To support safe and timely access to safe leave, an employee or worker will not be required to disclose the nature or details of the abuse, and an employer will not be expected to investigate whether the behaviour falls within the definition. This will give employers a clear and proportionate role, allowing them to focus on administering safe leave and offering appropriate workplace support. This approach is intended to minimise distress, protect privacy and avoid placing additional barriers in the way of a person seeking support.

Meaning of ‘Connected to’

Question 2 

In terms of ‘connected to’, which of the following relationships should be included within the regulations?

Part of the work to develop the specific definition of domestic abuse for the purposes of safe leave requires the Department to set out in regulations the criteria for being connected to another person.  The Department sought views on the meaning of ‘connected to’ as part of the consultation.  Therefore, respondents were asked which relationships they thought should be included within the definition of domestic abuse for the purpose of the regulations. 

There were 52 responses to this question.  Three respondents chose not to answer and in some cases some respondents chose not to answer parts of the question.  The majority of respondents supported the inclusion of the relationships listed as shown below:

Table 2

Relationship	Yes	No	Not answered
Is or has previously been married to each other	52	0	3
Is or has previously been in a Civil partnership	52	0	3
Is or has previously been living together as partners	52	0	3
Is or has previously been in an intimate relationship with each other	52	0	3
Members of the same family: Parent	51	1	3
Members of the same family: Grandparent	50	1	4
Members of the same family: Grandchild	50	1	4
Members of the same family: Sibling / step sibling / half sibling	49	2	4
Members of the same family: Stepchildren / stepparents	50	1	4
Members of the same family: Child	51	1	3
Other (please specify)	29	5	0

In response to what other relationships might be relevant, a range of other suggestions were made. Those which were most often suggested were carer, aunt, uncle, niece, nephew and cousin. 

It was suggested that carer was especially relevant for disabled individuals who have a carer present in their domestic setting. 

It was highlighted that family relationships and arrangements are complex, and this must be reflected in regulations. Including other family members would ensure that extended families who live together or are closely connected are covered.  This would also ensure that communities where extended family ties are important, are covered by the entitlement. 

Other respondents supported a catch all approach for the relationships so that those that live within the same household are covered.  This would allow an entitlement for people living together not as intimate partners.  A relevant example of this could be co-tenant where in such a situation there is the obligation to fulfil a rental contract which removes financial opportunity to escape to new accommodation. Another relevant example being co-habitants within hotel or hostel accommodation. 

Many respondents also made reference to situations which involve foster families and kinship care.  A number of respondents also suggested consideration should be given to cases where the abuser is a member of a paramilitary organisation and the wider organisation is carrying out a course of abuse alongside the abuse of the survivor, often in the form of stalking.

As with the previous question reference was made from respondents to existing legislation when considering the relationships to be included within the regulations.  Legislation such as the Domestic Abuse and Civil Proceedings Act (NI) 2021 and the Family Homes and Domestic Violence (NI) Order 1998.

Departmental Response:

The Department is grateful for respondents’ thoughtful views on the range of relationships that may be relevant. Those responses underline that domestic abuse can arise in varied and complex intimate and family settings, including after a relationship has ended. The definition must therefore be broad enough to support victims and survivors in those circumstances, while remaining sufficiently clear for the entitlement to be understood and applied consistently.

A clearly defined set of relationships will reduce uncertainty for employees and workers who may already be dealing with difficult and distressing circumstances. It will also help employers administer the entitlement sensitively, without requiring them to make intrusive or subjective judgements about the nature of a relationship. This supports the Act’s objective of creating an accessible and workable right that enables those affected by domestic abuse to take practical steps towards safety and stability.

The regulations will therefore cover current and former intimate partners and specified family relationships, including parent and child, grandparent and grandchild, siblings and step-relations. These categories reflect the strong consultation support and provide a clear connection between the parties. Having carefully considered the wider suggestions, the Department does not intend at this stage to extend the statutory definition beyond these categories as this could move the entitlement beyond domestic and family relationships and make its boundaries difficult to apply fairly and consistently. This decision does not diminish the seriousness of harmful behaviour in other settings, which may be addressed through other legal or workplace protections. The operation of the definition will be kept under review so that any evidence of unintended gaps can be considered.

Single Incident of Domestic Abuse

Question 3

Do you agree that the right to safe leave should arise following a single incident of domestic abuse?

The consultation advised that it was not anticipated that there would be a requirement for there to be a course of behaviour to qualify for safe leave. It stated that a single or repeated incidence of domestic abuse will result in a victim being able to avail of safe leave from their employment for the purpose of dealing with issues related to that abuse.

Respondents were asked if they agreed that the right to safe leave should arise following a single incident of domestic abuse. 

There were 52 responses to this question.  Three respondents chose not to answer.  100% of respondents who answered agreed that the right to safe leave should arise following a single incident of domestic abuse.

Departmental Response:

The Department welcomes the unanimous support among those who answered this question. The right to safe leave will arise following a single incident of domestic abuse. A person may need to take immediate steps to protect themselves or others, obtain advice or secure practical support after one incident; requiring a pattern or course of conduct could delay access at precisely the point when support is most needed. It could also place an inappropriate burden on the person and require an employer to assess the frequency or seriousness of the behaviour. Allowing access after a single incident is therefore clearly aligned with the Act’s protective purpose and its objective of ensuring that paid safe leave is accessible when needed.

Issues Related to Domestic Abuse

Other Issues Related to Domestic Abuse

Question 4

The purpose of safe leave is to deal with ‘issues related to domestic abuse’. Do you think in addition to those already referred to in the Act there are any other issues related to domestic abuse which should be specified in regulations?

The consultation advised the purpose of safe leave is to permit an employee to deal with issues related to domestic abuse.

The Act specifies that ‘issues related to domestic abuse’ include, but are not limited to:

• (a) obtaining legal advice and pursuing legal proceedings and remedies; 
• (b) finding alternative accommodation; 
• (c) taking advantage of healthcare (including mental health care); 
• (d) obtaining welfare support; 
• (e) protecting family members; and 
• (f) such other matters as may be specified in the regulations.

The Department sought views on whether additional examples should be specified in regulations.  The consultation provided the context that the Act frames the list as non-exhaustive, and therefore it may not be necessary or appropriate to specifically add other issues to regulations. It further was explained that it may also be possible to provide further detail on the types of ‘issues’ in guidance. 

A total of 47 responses were received.  66% considered that there were other issues related to domestic abuse which should be specified in regulations.  34% suggested that there should be no further issues added.

A total of 38 respondents provided comments on the other issues related to domestic abuse which they considered should be specified in regulations.  These included issues such as time for obtaining financial help and support, attending financial appointments, sorting out joint accounts and direct debits, managing banking and mortgage arrangements, setting up new accounts and cancelling existing accounts.

It was suggested that wellbeing/self-care days for mental health purposes, that do not require attendance at healthcare appointments, should also be permitted i.e. taking leave for a victim’s own mental health because of what they are going through. 

Many respondents made reference to meeting the needs of children such as finding new schools, arranging new school items, attending school meetings, etc.

For those who considered that there was not a need to specify further issues in regulations, it was acknowledged that it may not be necessary or practicable to set out each specific circumstance in legislation as the guidance list is not exhaustive. Instead, it was suggested that employers should not limit themselves or the victim/survivor to issues listed in the Act or in the guidance.

Respondents reiterated that the list of 'issues connected' to domestic abuse should not be exhaustive.  It was further suggested that it is impossible to be exhaustive about all the potential issues that a victim of domestic violence may face. Therefore, a further catchall category of “any other issue which may arise in relation to the domestic abuse” should be added to the regulations.

Departmental Response:

The Department agrees that the statutory list of issues related to domestic abuse should remain non-exhaustive. The practical consequences of abuse vary from person to person and may change quickly. Attempting to prescribe every qualifying circumstance could unintentionally exclude a legitimate need and create uncertainty at a time when a victim or survivor may be seeking urgent support. Retaining a broad entitlement is therefore consistent with the Act’s objective of enabling people to deal with the consequences of domestic abuse in the way most appropriate to their circumstances, while the examples in legislation and guidance will provide helpful direction for employees, workers and employers.

In light of the frequency and strength of the consultation comments, the Department intends to specify making financial arrangements as an additional issue related to domestic abuse in the regulations. Economic abuse and financial control can restrict a person’s ability to achieve safety and independence. Practical steps involving banking, joint accounts, direct debits, mortgages or independent financial advice may therefore be necessary and time sensitive. 

Express inclusion will reassure victims and survivors that paid safe leave may be used for these purposes and will support the primary legislation’s aim of removing practical barriers to addressing the effects of domestic abuse. It will not narrow the wider entitlement: safe leave may still be taken for another issue related to domestic abuse even where it is not expressly listed. Guidance will make clear that the list is non-exhaustive so that the framework remains responsive to individual circumstances and developing services.

Guidance

Question 5 

Do you think identification of other ‘issues related to domestic abuse’ would be more appropriately dealt with via Departmental guidance?

The Act specifies that the Department must issue guidance about the implementation or application of a provision of regulations under Domestic Abuse Safe Leave. Respondents were asked whether they thought the identification of other ‘issues related to domestic abuse’ would be more appropriately dealt with via Departmental guidance. 

There were 49 responses to this question with 37 (76%) agreeing that the identification of other ‘issues related to domestic abuse’ should be addressed through departmental guidance. 12 (24%) felt that identification of other ‘issues related to domestic abuse’ should not be dealt with through departmental guidance.

Comments supporting the concept of guidance included the assertion that guidance would be vital, as the complexity of domestic abuse means that legislation cannot exhaustively cover all possibilities; however, the legislation must be sufficiently detailed to provide clarity on the issues covered. 

It was suggested that guidance can highlight other areas beyond those listed in the Act as well as examples of good practice by employers and that guidance is easier to adapt and respond to changes in matters such as society, technology, law and social security.

Some respondents supported the idea that a Code of Practice rather than guidelines would be preferable, suggesting that this would have legal standing and can provide clearer instructions for employers. 

There were also calls for sector-specific guidance that recognises the particular circumstances and differences which may be present in certain workplaces or sectors, such as schools.

Respondents also acknowledged the work that has been done by trade unions in both the public and private sectors, and recommended that guidance is developed in conjunction with trade unions, using the Irish Congress of Trade Union/Labour Relations Agency (LRA) Guidance for Employers and Employees as a template. 

Respondents who did not support dealing with other issues related to domestic abuse through guidance also provided comments to explain their rationale. These included the suggestion that the inclusion of issues related to domestic abuse in the regulations provides an additional layer of protection for employees to access safe leave provisions.  It was also suggested that the guidance, whilst useful, will not be binding and could leave employees less protected if they requested safe leave that did not fall strictly within the regulations. 

Another respondent argued that those who are the victims/survivors of abuse need strong legal protections as guidance could be ignored.

A further concern was raised that the term 'guidance' might imply it was only to be used as a guide and not as part of the regulations.

Departmental Response

As explained in response to Question 4, legislation cannot anticipate every circumstance in which safe leave may be needed. The regulations will identify financial arrangements as an additional example because consultation responses demonstrated a clear and recurring need for certainty in this area. 

Guidance will be used to illustrate the wider range of circumstances, as it can provide practical, accessible examples and be updated more readily to reflect changing services, technology and workplace practice. This will help victims and survivors recognise when the entitlement to safe leave may assist them, while supporting employers to respond consistently and sensitively.

This combined approach preserves legal certainty around the core entitlement without turning the statutory examples of issues related to domestic abuse into an unintended checklist. It is consistent with the Act’s overriding objective of providing a meaningful and accessible right to paid safe leave, tailored to the varied circumstances of those affected by domestic abuse.

The Leave Year

Definition of a Leave Year 

Question 6 

Do you agree that the definition of leave year for the purposes of safe leave should align with the existing definition of leave year for annual leave purposes, set out in the Working Time Regulations (NI) 2016?

The Act specifies that the entitlement of at least 10 days is in each leave year (whether or not taken as a single continuous period) with “leave year” having the meaning given in, and being calculated in accordance with, the regulations. 

The Department is therefore required to develop a definition of a leave year for the purposes of safe leave.

The Department sought views through the consultation on whether it would be most straightforward for employers and employees, if the leave year for safe leave aligned with the leave year currently used for calculating annual leave.

There were 51 responses to this question with 47 (92%) of respondents agreeing that the definition for the two purposes should align.

Supporting comments included that this is appropriate, in that it minimises additional administration and enables staff to have clarity in leave provisions. It also provides a practical means of implementing safe leave as a Day 1 right. Another respondent suggested it is essential that the same year is used as this will be clearly understood.

A further supporting comment stated that employees across occupations have a clear understanding of the leave year, so this is the easiest and most convenient way for an employee to readily identify and understand the timeframe for safe leave. It was emphasised that it was important that details such as these are kept as straightforward as possible and that the processes introduced to support and assist do not in themselves cause additional stress or confusion.

Reference was also made by respondents that, even if the leave year definitions were aligned, they would encourage employers to not allow the definition of a leave year to restrict them should they wish to use their discretion to give more than the legally required 10 days.

There were 4 (8%) of respondents who did not agree that the definition of leave year for the purposes of safe leave should align with the existing definition of leave year for annual leave purposes.  Comments included that the leave should relate to an employee’s employment date.

Another respondent commented that, while aligning the leave year for safe leave with the annual leave year under the Working Time Regulations (NI) 2016 would offer administrative simplicity, this respondent had concerns that it would also reduce the flexibility needed to respond to the unpredictable and urgent nature of domestic abuse situations. It was further suggested that keeping both definitions separate would be pertinent to distinguishing the unique nature of safe leave from other forms of leave; keeping the definitions separate could avoid pro-rata complications. 

Another respondent also suggested that in the short to medium term this leave should be a standalone entitlement that cannot be confused or substituted with annual leave or other forms of leave.

Departmental Response:

Having considered the strong support for alignment, the Department intends that the leave year for the purposes of safe leave should follow, as far as appropriate, the existing definition of leave year for annual leave purposes, set out in the Working Time Regulations (NI) 2016. Using a familiar reference point will help employees and workers understand when their entitlement renews and will allow employers to use existing administrative and payroll systems rather than create and maintain a separate cycle. This should reduce implementation costs for employers. This may be particularly helpful to small employers with limited administrative capacity. A straightforward approach is also important for a person who may already be dealing with distressing or urgent circumstances and should not face avoidable confusion when seeking support. 

Safe leave will nevertheless remain a distinct and standalone statutory entitlement: it must not be substituted for, deducted from or otherwise treated as annual leave. This distinction is central to the Act’s purpose of providing dedicated paid time off work to deal with issues related to domestic abuse.

How to Take Safe Leave

Notice to Take Safe Leave and When It Can Be Taken

Question 7 

Should the Department set out how notice to take safe leave should be given by an employee in guidance or regulations?

In the case of safe leave, the Act sets out that the regulations may make provision about how safe leave is to be taken.  As such, the Department sought views on whether it is necessary to do so, or whether the issue of notice might better be addressed via guidance.

There were 52 responses to this question. 34 (65%) of respondents felt that the Department should set out how notice to take safe leave should be given by an employee in guidance.

Supporting comments for guidance included the view that it should be dealt with through guidance rather than regulation to allow for appropriate interpretation instead of one-size-fits-all approach.

Respondents also suggested that regulations on how and when safe leave can be taken could restrict the ability of the employee’s ability to make a decision about their own welfare and the welfare of any dependents.

One respondent commented that if notice to take leave is set out in regulations, there is a risk that it would be too restrictive, and employers could use that to reject requests for safe leave.

In contrast, 18 (35%) respondents felt that the Department should set out how notice to take safe leave should be given by an employee in regulations.

Supporting comments for regulations included the view that guidance can be interpreted by employers and at times the interpretation can be to the detriment of employees, particularly those most vulnerable e.g. in lower paid roles with fewer incentives, who will be even more vulnerable if experiencing abuse/trying to leave/trying to stay away from an abuser. Respondents suggested that regulations would mean that employers would have to act appropriately. 

It was suggested that setting out arrangements for notice in regulations offers clarity for employers as well as employees and provides a clear basis that employees can refer to, should there be any issues within an individual workplace. It was also suggested that it may be appropriate to specify in regulations that different procedures apply for emergency leave and leave that can be planned in advance, such as attending appointments with a legal practitioner or counselling services. 

In addition, a number of respondents supported the introduction for a code of practice which would have legal standing.

Question 8 

If the notice requirements to take safe leave are set out in regulations would it be appropriate to make it a requirement to inform the employer as soon as reasonably practicable?

Of the 55 consultation responses received, 50 answered this question. 43 (86%) of respondents felt that, if the notice requirement to take safe leave are set out in regulations, it would be appropriate to make it a requirement to inform the employer as soon as reasonably practicable. 

Supporting commentary raised a number of issues including that notice should be given no later than the first day of absence, as this would be reasonable for the employer to then be able to manage the absence appropriately and provide applicable support.  It was further suggested that making it a requirement for employees to notify their employer promptly was appropriate as it ensures that both parties can effectively make necessary adjustments while maintaining a supportive environment.

Another view was that 'as soon as reasonably practicable' allows for notification after the event as a victim/survivor may not be able to disclose in ahead of time or explain circumstances.  It was also highlighted that the circumstances of domestic abuse would mean that it may not always be practicable to provide information in advance for safety reasons. One example described a circumstance in which a victim was safely planning to leave, she/he would be unable to inform anyone other than relevant professionals for example legal representatives, police, or their GP. 

In contrast, 7 respondents (14%) felt that if the notice requirements to take safe leave are set out in regulations it would not be appropriate to make it a requirement to inform the employer as soon as reasonably practicable.

Comments explaining this position included the view that the term ‘reasonably practical’ is vague and that, as this is crisis leave, notification will inherently be required at short notice, potentially at the last minute and in emergency circumstances.  Another suggested that notice in these circumstances cannot be regulated for. 

Another relevant point was the easier the Department can make this time for victims the better.  It was suggested that employers should be able to manage the absence in much the same way they do when a staff member calls in sick.

Departmental Response to Questions 7 and 8:

The regulations will provide a simple and proportionate notification framework. Setting the core requirement in regulations will give employees, workers and employers certainty, establish a consistent minimum standard across workplaces and reduce the risk that differing procedures create barriers to support. It will also help employers plan cover and manage absences without requiring them to design separate eligibility tests or make difficult judgements about whether notice was sufficient. A person will notify their employer that the absence is being taken as safe leave as soon as reasonably practicable. 

This approach recognises that some leave can be planned, while domestic abuse may also create urgent, unpredictable or unsafe circumstances in which advance contact is not possible. Notification after leave has begun will therefore be permitted where earlier notice was not reasonably practicable. This flexible approach is consistent with the Act’s purpose of enabling timely access to paid safe leave and avoids penalising a victim or survivor because of circumstances arising from the abuse.

Guidance will explain the practical operation of the requirement, including the limited information needed to identify the leave, the period or expected period of absence and how notification may be given by an appropriate third party where necessary. This detail is better suited to guidance because it can accommodate different workplace arrangements without making access dependent on a rigid form or method. Guidance may provide examples and suggested processes, for example, to help employers adapt existing absence procedures and respond consistently, while retaining flexibility to take account of the circumstances of individual cases. Employers will be encouraged to respond with compassion, flexibility and respect for privacy, particularly where safety concerns or emergency circumstances affect the timing or method of contact.

The Act does not permit an employer to require evidence that domestic abuse has occurred. Preserving that position is fundamental to an accessible and supportive entitlement. An evidential threshold could delay urgent leave, deter a person from seeking support and disadvantage those who have not reported the abuse or obtained documents from a third party. The notification process will therefore be limited to the information reasonably needed to record and administer the absence and will not become a means of testing or challenging a person’s experience. This approach protects dignity and privacy and avoids adding to the burden faced by victims and survivors.

Question 9 

Should an employer have the option of seeking notification of the purpose of safe leave (e.g. obtaining legal advice, finding alternative accommodation etc) as part of any notice procedures?

The consultation sought views on whether employers should be able to ask for notification of the purpose for which safe leave is required.

50 responses were received to this question.  There was a more pronounced split of respondents in favour of and against notification than any other question.

54% (27 respondents) felt that an employer should not have the option of seeking notice of the purpose of safe leave. Comments to support this stance included the view that this should be discretionary and only if the victim feels comfortable sharing this sensitive information. It was highlighted that these cases are often complex and it can be very difficult for a victim to divulge what is going on. 

It was also suggested that it would be inappropriate to demand detailed information, as this may reduce the confidence of victims to come forward and seek support.

Another view was that, while it may be appropriate for a worker to supply this information to their employer, it should not be made a requirement, nor should employers be given right to seek notification as this could deter individuals from disclosing domestic abuse and therefore undermine or limit the right to safe leave. 

In contrast, 46% (23 respondents) felt that an employer should have the option of seeking notification of the purpose of safe leave.

Views included that, although the Act does not require evidence of domestic abuse, it is important that employers have the right to ask for evidence or confirmation of appointments, or reasons for taking safe leave, and that notification of the purpose is necessary to prevent misuse of the provision (although there should be exceptions when an emergency situation arises and notice is then given as soon as practicable.  In some circumstances this will be after the period applied for as safe leave). 

It was also suggested that it would be reasonable for an employer to ask for notification for the use of safe leave and the specific circumstances to allow them to understand and support their employee better. However, it was noted that it would be important when asking for the reason that any answer given was treated with the strictest confidentiality and that the reason was not used to reject the leave or penalise the employee. 

Support for notice was however qualified by as long as it did not become burdensome. A linked concern was the option of seeking notice could have the potential for 'evidence' creep.

Departmental Response:

The Department does not intend to require an employee or worker to disclose the particular purpose for which safe leave is being taken or details of their experience of domestic abuse. While an employer may wish to understand whether wider support can be offered, compulsory disclosure could deter a person from using the entitlement and expose highly sensitive information unnecessarily. 

A victim or survivor should not have to recount distressing experiences in order to obtain the support provided by the Act. The person will therefore be required only to notify their employer that the absence is covered by safe leave and provide the limited information needed for the employer to administer it. An employer will not be entitled to require evidence of abuse or documentary confirmation of an appointment, activity or other issue. Any additional disclosure must be voluntary, handled sensitively and securely, and must never become a condition of eligibility. This approach is clearly aligned with the Act’s objective of making paid safe leave accessible while protecting the dignity, privacy and safety of those who need it.

Minimum Length of Safe Leave

Question 10 

Should safe leave be able to be taken in periods shorter than one day?

The consultation highlighted that the Act allows a victim up to 10 days of safe leave in each leave year and sought views on whether there should be a minimum amount of safe leave that could be taken at any one time. For example, should safe leave be capable of being taken in whole or part-days? 

There were 52 responses to this question with a clear majority (87% of respondents) indicating that safe leave should be able to be taken in periods shorter than one day. 

In contrast, only 13% of respondents to this question indicated that safe leave should not be able to be taken in periods shorter than one day. 

Comments were requested from those who did not support the proposal that safe leave should be able to be taken in periods shorter than one day. 

It was suggested that, where an employee or worker needs to take time from a working day, this should be classed as a whole day, as without this provision there is the possibility that 20 working days a year could be impacted.  It was further suggested that it would be administratively and operationally burdensome to manage leave, that was taken at short notice in periods of less than one day.

Another respondent offered the opinion that if an employee needs to leave on short notice due to issues relating to domestic abuse it should count as one day of the entitlement. This would make it more manageable for the employers, and leave shorter than a day could potentially be covered by other forms of leave e.g. emergency leave for dependents, annual leave hours, etc. 

Respondents indicated that it would be very difficult to enable employees to take parts of days off and be able to provide front-line services, in organisations operating shifts with staff who work varying lengths of days (e.g. in health and social care). It was suggested that the entitlement should be in days but that guidance should encourage employers, where practical, to allow staff to take off shorter periods of leave. Where an employer is able to facilitate the time in shorter periods they should do so.

Departmental Response:

Taking account of the clear majority of respondents in favour of periods shorter than one day, the regulations will provide for safe leave in full working days or half of a working day. Victims and survivors may need time for an appointment, an urgent practical arrangement or another specific purpose that does not require them to be absent from work for a full working day.  Allowing half of a working day will give meaningful flexibility for employees and workers without requiring unnecessary use of their entitlement. 

The remaining entitlement may be more beneficial to them on a separate occasion. A minimum period of half a working day will also give employers a clear and readily administrable standard, support workforce planning and avoid the complexity of recording very small periods of safe leave across different working patterns and payroll systems. This proportionate balance supports the Act’s objective of providing an accessible and effective entitlement while giving employers operational certainty. Guidance will make clear that a full working day may be taken where that is what the person needs.

Remuneration

Question 11 

The intention is that employees should receive their full pay when on a period of safe leave. Should this rate of pay reflect an employee’s normal pay and include components such as regular overtime, regular commission and regular bonuses or an employee’s basic pay?

The consultation proceeded on the basis that remuneration during paid safe leave should reflect the employee’s usual rate of pay for periods of actual work. 

The consultation therefore sought views as to whether pay for safe leave should be calculated at the “normal” or “basic” rate of pay. 

There was a strong consensus with 84% of the 51 respondents who chose to answer this question indicating that the rate of pay should reflect an employee’s normal pay and include components such as regular overtime, regular commission and regular bonuses. 

Many of those respondents who supported this emphasised that victims of domestic abuse would be reliant on full pay and it was important that this is paid so that they are not disincentivised to avail of safe leave because of a financial loss. 

Specific comment included that incorporating regular overtime, commission, and bonuses into the calculation of Domestic Abuse Safe Leave pay is crucial to ensuring victims are not financially penalised for seeking safety.

A common theme was that domestic abuse disproportionately affects individuals in vulnerable and low paid situations, where regular overtime, commission, and bonuses are essential components of their income. Relying solely on basic pay would create a significant financial gap for those who depend on these additional earnings to meet their everyday needs, potentially discouraging victims from taking the necessary time to escape harmful situations and seek support. Concerns were expressed that in the absence of full pay people may feel compelled to return to abusive environments out of economic necessity, undermining the very purpose of safe leave.

It was stated that including these income components in the calculation is a means of ensuring that the leave is truly accessible and effective, especially for those in precarious financial circumstances. 

It was also suggested that the normal rate of pay meets the requirements of the Act that those claiming safe leave should receive 'full pay'. Respondents further highlighted that finances and access to affordable accommodation are among the main barriers for leaving an abusive relationship.

Concerns relating to individual safety were also raised, with respondents suggesting that if the amount of money brought home is 'unusual' or if codes relating to safe leave appear on a payslip, this may trigger a cycle of abuse. 

Another respondent acknowledged that while it was understood that this approach could mean additional costs to the employer, especially if they also need to cover an absence, the exceptional circumstances under which safe leave would be taken warrant the cost. 

16% of the 51 respondents felt that the rate of pay should reflect an employee’s basic pay.  Of those respondents who supported basic pay, a recurring theme was concern about the affordability of this measure, particularly for small businesses and the voluntary and community sector.  It was suggested that as employers will bear the financial burden for the payment of this leave, applying basic pay as the rate of pay would be particularly beneficial for smaller employers. 

Some respondents suggested that it was worth considering adding a statutory payment entitlement for employers similar to that of sick leave or maternity leave which would allow reclamation of monies by an employer.

Departmental Response:

Having considered the responses, the Department has decided that pay for safe leave should reflect the remuneration the person would normally have received had they been in work and include components such as regular overtime, regular commission and regular bonuses. Victims and survivors should not face a financial penalty for taking time to address the consequences of domestic abuse, particularly where financial control or economic uncertainty may already restrict their options. Maintaining normal remuneration will help ensure that the statutory right is meaningful and accessible and is clearly aligned with the spirit of the primary legislation’s objective of enabling people to take necessary steps towards safety without having to choose between their income and their wellbeing. 

All eligible employees and workers will be entitled to 10 days of paid safe leave in each leave year. The 10-day entitlement will apply equally to full-time and part-time staff and will not be pro-rated according to working hours or working pattern. This recognises that the practical steps needed to secure safety, access support and move towards greater independence do not necessarily reduce because a person works fewer hours. Providing the same number of days to all those eligible is intended to offer appropriate and equitable support and to give full effect to the protective purpose of the Act. 

A uniform entitlement also gives employers a clear rule to communicate and administer, avoiding separate calculations of the number of days available for different working patterns. Pay for each period of safe leave taken will be based on the remuneration the person would normally have received had they been in work during that period. It is intended that the regulations will set out clear calculation rules for normal, variable and irregular working patterns so that the amount payable can be determined consistently and transparently and integrate the entitlement into payroll processes with greater certainty.

Ensuring People Can Take Safe Leave

Guidance

Question 12 

Do you have any comments on the matters which should be contained in any Department for the Economy guidance on the operation of safe leave?

The consultation advised that workplace guidance on how to support employees affected by domestic violence and abuse is already available and gave two examples of guidance for employers.  It also stated that there is a statutory requirement for the Department to issue guidance about the implementation or application of a provision of regulations made under the Act. 

It advised that it is anticipated that this guidance will focus on the content of the regulations rather than replicate the more holistic guidance already in place.  The Department sought views on the issues that should be covered by any Departmental guidance.  This includes any views on how the personal data and information relating to requests for safe leave should be managed by employers.

37 respondents chose to provide comments on the matters which should be contained in any Department for the Economy guidance on the operation of safe leave and many provided detailed responses. 

There was an emphasis on the need for the guidance to give practical support to employees and employers when dealing with safe leave. Examples of practical advice which could be incorporated included:

• Details on how to give notice; 
• Further explanation and details of the issues related to domestic abuse listed in the legislation; 
• General Data Protection Regulation (GDPR)/Data Protection issues in respect of recording absences on time and attendance systems, including maintaining confidentiality, the information that may be sought, and storing of any relevant notes or documentation;
• Guidance on appropriate action where an employee is an alleged and/or convicted perpetrator;
• Guidance encouraging employers to create a safety plan within the workplace for victims and survivors of domestic abuse, especially if their workplace is mostly accessible to the public;
• Requirements for awareness raising for employers, line managers, Human Resources (HR) and trade union representatives; 
• A requirement for employers to take a positive and proactive review of all existing employer policies on domestic abuse, violence at work, dignity, and equality policies and that policies should be updated to reflect the regulations to operationalise the Domestic Abuse Safe Leave Act and the guidance. 
• Clear identification of the roles and responsibilities of both employers and employees regarding the implementation of safe leave;
• Inclusion of practical examples and clearly defined processes to support effective implementation;
• Provision of a list of support organisations along with signposts; 
• Develop differentiated guidance for employers and employees.  Employer guidance could also be differentiated and targeted at employers of different sizes (especially SMEs), people, professionals and line managers.
• Provision of alternative formats to ensure the guidance is fully accessible. This could include versions in different languages, formats suitable for those with accessibility or disability needs; an easy-read version and a children and young person’s version suitable for those in employment;
• Guidance should reinforce the message that those who access safe leave should not experience any detrimental effects as a result.

More general comments on what should be included in the guidance included emphasis of the need for a flexible, compassionate and empathetic approach. It was proposed that it would be helpful for guidance to reiterate the importance of having the option to access safe leave when needed but that there may also be the need to cancel arranged leave at short notice. 

It was also suggested that the guidance should address the fact that a disclosure may relate to a criminal offence, including situations where there is a current risk of harm to an employee or their dependents. Employers should be informed about when and in what circumstances such information should be shared with relevant professionals such as Social Services or the Police Service of Northern Ireland (PSNI). 

In addition to comments on the guidance, a number of respondents suggested that training for both employers and employees would be required to support its implementation. Some respondents called for such training to be mandatory.  A further suggestion was that a specialist helpline and/or training funded by the Department should be made available.

Co-design on guidance was supported by many respondents with the importance of trade unions, specialist organisations, businesses and the Department working together to develop the guidance.  There were a number of respondents who offered their assistance for this process.

Some respondents mentioned the Safe at Home, Safe at Work guide, a joint publication by the Labour Relations Agency and Northern Ireland Committee – Irish Congress of Trade Unions and Developing a Workplace Policy on Domestic and Sexual Violence and Abuse produced by the Departments of Health and Justice. These guides were cited as comprehensive examples that should be replicated in the Department’s guidance or taken as the basis on which the guidance can be developed.

Departmental Response:

The Department agrees that clear, practical and compassionate guidance will be essential to making the entitlement to safe leave work as intended. Regulations must establish the legal entitlement, but guidance can translate those requirements into accessible steps and examples for employees, workers, line managers and employers of different sizes. 

The Department has established a Working Group dedicated to developing guidance that will support the regulations.  This group was set up to draw on the expertise and practical experience of relevant stakeholders to support clear, sensitive and consistent implementation of the Regulations.

The guidance will cover notice, leave, remuneration, privacy and secure handling of information, absence recording, interaction with other leave, protection from detriment and dismissal, remedies and sources of specialist support. 

This focus reflects the issues most frequently raised by respondents and will help ensure that victims and survivors encounter a sensitive and consistent response rather than additional uncertainty or distress. For employers, a single authoritative source of guidance, supported by worked examples and suggested processes, will reduce uncertainty, support staff awareness and may limit the need for each organisation to develop arrangements from first principles. It is intended that the guidance will distinguish statutory requirements from recommended good practice. Continued engagement with specialist organisations, employer representatives and trade unions will help ensure that it is informed by lived experience, supports the overriding objectives of the Act and remains workable across different sectors.

Question 13 

Is there any other support that might be useful for employers and employees?

43 people provided comments in response to this question, expressing a range of views. Types of supports that were suggested included:

• Facilitating domestic abuse disclosures;
• Mandatory specialist training on economic abuse for all employers;
• Intersectionality and equality issues related to domestic abuse;
• How to signpost to support services;
• Local social welfare/community advice providers/foodbanks/shelters should be offered free training on the right to safe leave. Support should be provided directly to them to provide this and other employment related information to workers;
• Including a list of recommended training topics for employers and employees, as well as providing contact information for trusted and accredited training providers;
• Awareness raising;
• Support in drawing up a domestic abuse in the workplace policy;
• Signposting to specific resources or services, including mental health support and counselling;
• Utilisation of various communication channels including NI government portal;
• Practical safety measures, for example, clear procedures to address situations where the perpetrator seeks to enter the workplace;
• Input from organisations dealing with abuse; it was suggested that there is a need for formalised relationships between employers who are aiming to support domestic violence victims and third-party organisations or charities who are equipped to provide further support; 
• Support for victims in the post-separation period, where there are family court proceedings underway;
• Designated person within organisations that employees can contact to discuss a request for safe leave;
• Engagement with trade unions and sectoral networks;
• A comprehensive communication strategy would be essential to ensure the effective dissemination of the guidance. This strategy should not only facilitate clear communication but also actively promote engagement across all sectors; and
• A statutory payment should be added similar to that of sick leave or maternity leave.  This would allow for a reclamation of monies by employers and alleviate financial burdens.

Departmental Response:

The Department recognises that legislation and statutory guidance alone will not ensure that every victim or survivor feels able and supported to use safe leave. Wider measures including awareness-raising and clear signposting to specialist services can help employers respond appropriately and give employees and workers confidence that they will be treated with dignity and understanding. These measures support the Act’s overriding objective by helping to turn the statutory entitlement into effective practical support. They can also give managers greater confidence, reduce the risk of inappropriate or inconsistent responses and help employers meet their obligations without expecting them to provide specialist domestic abuse services. 

As needs will vary according to workplace size, sector and existing arrangements, the Department will work with relevant stakeholder groups to identify proportionate supporting materials and communication activity, drawing on established expertise and avoiding unnecessary duplication. Particular attention will be given to examples and signposting resources that help small employers respond sensitively and confidently without imposing disproportionate administrative challenges.

Resolving Disputes

What happens if an employer does not fulfil their obligations

Question 14 

Please provide any comments you might have about the role of Early Conciliation and the Tribunal processes in claims related to Domestic Abuse – Safe Leave.

The consultation acknowledged that when any employment right is introduced, it is always hoped that employers will fulfil their obligations. Most employers are good employers. It is expected that, given the circumstances under which an employee or worker will need to access safe leave, it is highly likely that employers will be keen to support their staff and deliver fully on the requirements of this particular legislation.

It was also appreciated that rare occasions may arise where an employee or worker may be prevented from accessing or exercising all of their rights under the safe leave framework.

The consultation advised that the normal route for an employee to enforce a right that they have been denied, or to seek a remedy for detrimental treatment, is through the Industrial Tribunal process.  This may involve engaging in Early Conciliation.  It was advised that it is anticipated that this approach will also be used to deal with complaints against employers about failures to comply with the requirements of safe leave.

Respondents were asked for their comments about the role of Early Conciliation and the tribunal processes in claims related to Domestic Abuse Safe Leave.

33 people provided comments. The responses could be grouped into two broad categories: those who supported the use of Early Conciliation and the Industrial Tribunal process, and those who did not support this approach.

Of those who supported this approach, reasons given included that it reflected the standard process and that following existing procedures would avoid ambiguity

Other comments focused on measures to make this accessible including: additional resources may be needed for the Labour Relations Agency (LRA); there may be a requirement for training for LRA and Tribunal staff to deal with the specific sensitive matters in relation to domestic abuse; there will be a need to highlight the role of Early Conciliation and the Tribunal processes in company policies and employment contracts; and information should be made available for employees and employers that is accessible on the new rights and what these will mean in practice, including guidance issued to trade unions and training made available.  In addition, it was also highlighted that there needed to be consideration of the fact tribunal processes are public.

For those who did not support the Early Conciliation and Industrial Tribunal process approach, the predominant and common concerns raised were about the processes causing further stress for victims given the difficulties for victims/survivors who have experienced trauma through abuse.  Concerns were also expressed about the length of time it can take for tribunal claims to be heard.

One respondent suggested that, in light of this, an intermediate step such as a panel of experts to consider more routine cases more quickly should be explored. 

A further suggestion was that the status of being a victim or survivor of domestic abuse should be included as a protected category for employment rights purposes. It was proposed that this would mean that they cannot be unfairly discriminated against, harassed, otherwise victimised or subject to unequal treatment, and that damages awarded against an employer found guilty of discrimination, victimisation or similar conduct should be set at the highest punitive levels.

Departmental Response:

The Department intends that the established Early Conciliation and Industrial Tribunal Framework should apply to safe leave disputes. Using familiar statutory routes will provide legal certainty, access to established expertise and remedies, and avoid the delay, cost and complexity for employers and workers of creating a separate enforcement process for one employment right. It will also allow employers to draw on processes and professional advice already used for other employment disputes. 

Early conciliation may allow appropriate disputes to be resolved without a hearing, which can reduce time, cost and strain for both parties, while preserving access to the tribunal where resolution is not possible. The Department recognises, however, that pursuing a dispute may be particularly difficult and distressing for a person affected by domestic abuse. Guidance will therefore explain the available routes in clear and sensitive terms and signpost sources of support. The regulations will provide appropriate remedies for employees and workers, including protection from detriment and, for employees, unfair dismissal. These protections are essential to the Act’s effectiveness: a person must be able to seek paid safe leave without fear of adverse treatment for doing so.

Final Questions

Question 15 

Do you have any additional comments about any aspect of this consultation and/or the implementation of Domestic Abuse – Safe Leave?

34 people provided comments, which were highly detailed, insightful and informative. Given the breadth of responses it is not possible to provide detail on all comments but some common themes were as follows.

A number of respondents expressed dismay that the statutory right to safe leave was not already in place, given that the primary legislation was enacted in 2022 and urged the Department to work at pace to do so.

The importance of the guidance and the need for it to provide tangible and practical advice, including identifying sources of support was reiterated by multiple respondents.  There was an emphasis on the guidance being developed in conjunction with stakeholders, including victim support organisations, employers and trade unions representatives. The need for training, awareness and a proper and wide-reaching communication strategy was also reiterated by multiple respondents. 

There was a recurring theme on the importance of advising employers how to develop systems and approaches to dealing with safe leave applications which support employees and line managers and guarantee confidentiality.

The operational challenges for employers were also raised, with particular concerns including how support would be provided to smaller employers.  There was a request for sufficient lead in time to allow appropriate preparation, training and awareness raising to be completed.

It was acknowledged by many that women are disproportionately the victims of domestic abuse. At the same time, it was highlighted that victims can be of any gender, sexuality, ethnicity or age. Multiple respondents emphasised the need to challenge assumptions about who may be affected by domestic abuse. 

A number of responses also focused on the need for proper review and evaluation of the implementation of safe leave.  This included questions regarding how the Department would fulfil its reporting obligations as well as calls for additional evaluation which focused on operational impact on businesses.

Departmental Response

The Department is grateful for the additional comments received and recognises both the strong interest in the timely implementation of the entitlement to safe leave and the importance of introducing the right in a way that provides dependable, compassionate safe leave. The regulations are being finalised alongside practical guidance so that victims and survivors can understand and exercise the new entitlement, and employers can respond sensitively and consistently ensuring that the new right is introduced on a clear and workable basis.

The guidance is being developed with input from key stakeholders and will provide practical information on accessing and administering safe leave, maintaining confidentiality, recording absences securely and signposting to appropriate sources of support. Developing the guidance in parallel with the regulations will give employers a clearer basis for updating policies, systems and training, while stakeholder input will help identify practical issues early and avoid inclusion of unnecessary or unworkable requirements. This collaborative approach will help ensure that implementation reflects lived experience, is workable for employers of different sizes and gives effect to the protective purpose of the Act.

The Department also recognises the need for proportionate implementation support, particularly for small employers, and for sufficient preparation and awareness-raising before the entitlement comes into operation. Communications and guidance will make clear that domestic abuse can affect anyone and that requests for support should be approached without assumptions about who may be affected or need support. 

Following implementation, the Department will monitor through feedback the operation and impact of the safe leave framework, including its practical effect on employees, workers and employers. This will help to inform the Department's statutory reporting and any future review, enabling it to assess whether the arrangements remain accessible, effective and aligned with the Act's objective of supporting victims and survivors to address the consequences of domestic abuse.

Question 16 

Do you have any comments or feedback on any of the associated impact assessments?

12 respondents provided comments to this question and given the open nature of the question responses were understandably wide-ranging.

One respondent highlighted that the impact of domestic abuse may differ from person to person, and that the dynamics for each situation are different and often require different pathways to support and redress. 

There was support expressed by some respondents that the regulations applied to small businesses, given that Northern Ireland's economy is largely made up of small businesses. 

Some respondents also commented favourably on the associated Equality Impact Assessment and Small and Micro Business Impact Assessment (SAMBIT) while others raised concerns.

There were some suggestions that the Equality Impact Assessment required additional information or emphasis.  These were in relation to women with a disability and women and girls more broadly, as well as young people who are employees.  It was also noted by one respondent that a Children’s Rights Impact Assessment had not been conducted.

In terms of the SAMBIT, views expressed included disagreement with Departmental assumptions about the impact on small businesses and concerns about the robustness or accuracy of the SAMBIT.   Views were expressed that the SAMBIT did not take account of the range of proposals contained within the Good Jobs Employment Rights Bill Consultation which, if adopted, will place significant additional burdens on employers.

Another concern raised was that the primary legislation was passed without fully exploring the potential impacts on small businesses, given the impact and wide reach of the legislation and its ramifications for employers.

Departmental Response: 

The Department values the comments on the impact assessments and recognises that both domestic abuse and the operation of the safe leave framework may affect people and employers in different ways. The equality, regulatory and other relevant assessments will therefore be revisited and updated, where necessary, as the regulations are finalised. 

For employers, particularly small and micro businesses, this will help identify where clearer processes, tailored materials, or other proportionate support may reduce implementation difficulties and avoid unnecessary burdens. This supports the overriding objectives of the Act by helping to ensure that the right can be exercised effectively and without avoidable disadvantage, while remaining workable in different employment settings.

Next Steps

The Department will continue to progress the implementation of the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022 and ensure that the safe leave framework gives full effect to the purpose and requirements of the primary legislation. The regulations needed to bring the statutory entitlement into operation are being finalised and will be brought before the Assembly in accordance with the applicable statutory procedure.

Alongside this legislative process, the Department will issue practical guidance to help employees, workers and employers understand and apply the entitlement to safe leave. This work will involve continued engagement with key stakeholders. That engagement will help ensure that the guidance is informed by lived experience, supports sensitive and consistent workplace responses, and provides proportionate assistance to employers, including small and micro businesses.

The Department will also undertake appropriate awareness-raising and implementation activity before the entitlement comes into operation, so that those who may need safe leave know how to access it and employers have time to prepare their policies, systems and staff. Following commencement, the operation and impact of the framework will be monitored through feedback to assess whether it is providing accessible and effective support for victims and survivors of domestic abuse and remains clear and workable for employers.

Printing this document

• Optimise print quality of HTML pages by using reading mode on your browser