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DOMESTIC VIOLENCE LEAVE IN NORTHERN IRELAND: WHAT EMPLOYERS NEED TO KNOW (12 August 2026)

13/08/2026

On 8 July 2026, Economy Minister Dr Caoimhe Archibald reaffirmed her commitment to introducing paid safe leave for victims of domestic abuse before the end of the current Assembly mandate in May 2027.

The legislation was introduced against the backdrop of the significant social and economic impact of domestic abuse. CEO of Woman’s Aid ABCLM, Gillian Robinson is quoted to have said  “Domestic abuse costs businesses in Northern Ireland around £931m each year through lost output, increased staff turnover, reduced morale and lower productivity.”

For HR professionals, understanding the scope of these rights and preparing for their implementation is essential.

The Legislative Framework

Northern Ireland was the first jurisdiction in the United Kingdom to legislate for paid domestic violence leave. This was enacted through the Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022, which received Royal Assent on 24 March 2022, just before Stormont collapsed. However the Act is not yet in force.

Following the restoration of Stormont, the Department for the Economy then sought views on how to operationalise the provisions in the Act. That Consultation ran from 5 July 2024 to 27 September 2024 and no formal response has yet been provided. However on 8 July 2026, Economy Minister Dr Caoimhe Archibald reaffirmed her commitment to introducing paid safe leave for victims of domestic abuse before the end of the current Assembly mandate i.e 27 May 2027

What Rights Will Employees Have?

Once commenced, the Act will provide employees and workers who are victims of domestic abuse with:

  • At least 10 days’ paid safe leave in each leave year;
  • A day one right, meaning no minimum qualifying period of service will be required; and
  • Protection when taking leave for purposes connected with domestic abuse.

The leave is intended to enable individuals to address practical and personal issues arising from domestic abuse, including:

  • Obtaining legal advice and pursuing legal proceedings;
  • Finding or securing alternative accommodation;
  • Accessing medical treatment and healthcare services, including mental health support;
  • Obtaining welfare and support services; and
  • Taking steps to protect family members and dependants.

The Northern Ireland Women’s Aid Workplace Charter

Women’s Aid are involved in the Department’s Domestic Abuse Safe Leave Working Group, which is helping to develop practical guidance for employers and workers ahead of the introduction of the new entitlement.

On 28 July 2026, Women’s Aid Workplace Charter on Domestic Abuse was launched. The Charter stated purpose is to assist employers recognise domestic abuse as a workplace issue and providing meaningful support to affected employees.

The Charter consists of 7 Steps:

Step 1 Register

Step 2 Assessment: a review existing organisational policies and practices.

Step 3 Policy Support: Develop or strengthen policies to align with Ending Violence Against Women and Girls (EVAWG) standards.

Step 4 Staff Training: Deliver the one-hour Empowering People training module to at least 80% of employees.

Step 5 Workplace Champions: Train key representatives through a three-hour session to support implementation and respond appropriately to disclosures.

Step 6 Audit: Participate in annual compliance reviews and a formal audit every three years.

Step 7 Award: Achieve formal Workplace Charter accreditation.

Learnings from the Republic of Ireland

While Northern Ireland’s legislation has yet to come into force, employers can draw valuable lessons from the Republic of Ireland, where statutory domestic violence leave was introduced on 27 November 2023.

Employees in the Republic are entitled to five days’ paid domestic violence leave within a 12-month period. The entitlement applies from the first day of employment and may be taken without advance notice where circumstances require. Significantly, the right extends not only to employees who are experiencing domestic violence themselves but also to those supporting certain family members or intimate partners affected by abuse.

The Republic’s experience has highlighted a number of practical issues for employers, including how requests should be handled, what information can appropriately be sought from employees, and how confidentiality should be maintained.

Workplace Relations Commission Decision

A recent decision of the Workplace Relations Commission (WRC), believed to be the first case concerning domestic violence leave in the Republic of Ireland, provides useful guidance for employers.

An Officer v A State Agency (ADJ-00060744)

Facts 

The dispute arose after the employee, whose request for annual leave had been refused, sought to retrospectively classify the same day’s absence as domestic violence leave. When the employer requested a Garda reference number or other evidence to support the request, the employee refused, arguing that no supporting information was required and raising GDPR concerns. While acknowledging it could not seek personal details about the alleged incident, the employer maintained that requesting basic evidence to substantiate the leave was reasonable.

Decision 

In considering the complaint, the Adjudicator acknowledged that domestic violence leave is intended to be confidential and that employers should not seek details of the abuse itself. However, he held that employers are entitled to request limited, basic information to verify that an absence qualifies for domestic violence leave, as no form of leave should be granted without reasonable administrative requirements. The Adjudicator found that the employer had acted proportionately, was willing to accept alternative forms of evidence, and had attempted to reach a compromise. In contrast, the employee’s refusal to provide any supporting information prevented such a compromise, leading to the conclusion that the complaint was not well founded.

This case serves as a useful reminder that employers must balance confidentiality with legitimate HR administration when considering domestic violence leave requests. While employers should not seek details of the abuse or other sensitive personal information, they may request limited and proportionate information to verify an employee’s entitlement to leave. Any such enquiries should be handled sensitively, treated confidentially, and focused solely on confirming eligibility rather than investigating the circumstances giving rise to the request.

Practical Considerations for Employers

In advance of the legislation taking effect in Northern Ireland, HR teams should consider:

  • Reviewing absence and special leave policies;
  • Developing a dedicated domestic abuse policy or guidance;
  • Identifying trained points of contact within the organisation;
  • Ensuring managers understand the sensitive nature of domestic abuse disclosures;
  • Establishing robust confidentiality procedures; and
  • Considering what, if any, supporting information may be requested from employees while avoiding unnecessary barriers to accessing leave.

Policies should make clear that information relating to domestic abuse will be handled sensitively and shared strictly on a need-to-know basis.

Next Steps

For Northern Ireland employers, the legal framework is already in place and will come into force in next year.

We will of course keep you updated on any further developments.