UK Employment Update: Untying the Knot: Navigating Divorce and Separation in the Workplace

In today’s rapidly evolving workplace landscape, employers are increasingly recognising the importance of fostering a compassionate and supportive environment for their employees.

While traditional leave policies address various life events, one area that often goes overlooked is divorce/separation. We explore here the impact of divorce/separation on employees and what support employers can provide.

How does divorce/separation affect an employee?

People going through a divorce or separation are often coping with the emotional and practical elements of a relationship breakdown – they may be under financial strain due to the loss of support of a second income or moving home and they may be navigating how to manage new childcare arrangements. They will likely have to juggle appointments with counsellors and their lawyer into their working day, and on a timetable that they may have no control over, if they are subject to a court process.

It is therefore unsurprising that a survey carried out by the Positive Parenting Alliance earlier this year found that 90% of workers said their performance was affected when they went through a divorce and 95% indicated that their mental health had also suffered.

This brings into sharp focus what support is given to employees going through a divorce and what employers can or should do to help employees manage all of this.

Are employees legally entitled to time off for divorce or separation?

In the UK, employees are entitled to various types of leave such as annual leave, sick leave, and maternity/paternity/adoption leave, but “divorce/separation leave” is not a recognised category.

Currently, if an employee requires time off work when going through a divorce or separation, they have no option but to utilise an existing form of leave for related purposes. For instance:

Annual Leave: Employees can use their annual leave days to take time off to deal with personal matters, including legal proceedings related to divorce or separation.

Sick Leave: If the stress or emotional impact of the divorce or separation is affecting an employee’s health, they might be able to take sick leave.

Flexible Working: Employees have the right to request flexible working arrangements, which could help them manage their work and personal responsibilities during a divorce.

Unpaid Leave: Employers might be willing to grant unpaid leave for employees going through a divorce on a case-by-case basis.

Some employers may also offer compassionate leave to allow employees to take time off work to deal with stressful and upsetting personal matters, however this tends to be restricted to events such as bereavement or serious illness affecting a family member.

A changing landscape?

The Positive Parenting Alliance (PPA) have recognised the gap in traditional leave offering and called for the introduction of HR initiatives to support employees going through separation or divorce. Asda, PwC, NatWest, Tesco, Vodafone, Unilever and NatWest are among those who have shown support for the scheme.

Employers signing up to this policy are committing to:

• Recognise separation as a ‘life event’ in their HR policy;
• Ensure parents going through a separation have access to flexible working to enable them to manage school and childcare pick-ups and drop offs; and
• Give employees access to separation support services and emotional counselling during this period.

This means that companies who have signed up could have HR policies that would allow for leave in the events of divorce or separation. The length of the leave, whether it would be paid and who would be eligible would be something for each individual company to consider.

What should employers do to support employees?

Signing up to the PPA initiative, recognising separation and divorce as a “life event” and allowing appropriate leave so employees can deal with the impact of their divorce are all ways to acknowledge an employee’s need to address the demands and emotional toll of a divorce or separation.

If you’re considering implementing divorce leave in your organisation, here are some best practices to consider:

1. Policy Development: Craft a clear and comprehensive divorce/separation leave policy, or extension to a current compassionate leave policy, that outlines eligibility criteria, duration of leave, documentation requirements, and whether the leave will be paid or unpaid.
2. Training for Managers: Provide training for managers to handle divorce-related leave requests with sensitivity and discretion. Managers play a crucial role in creating a supportive environment for employees.
3. Open Communication: Encourage open communication between employees and HR. Create a safe space where employees feel comfortable discussing their personal situations and requesting the leave they need.
4. Flexible Return-to-Work Plans: Work with employees to develop flexible return-to-work plans that allow for a smooth transition back into the workplace after their divorce/separation leave.
5. Awareness and Education: Raise awareness about the availability of divorce/separation leave through internal communications, training sessions, and informational materials. Ensure that employees understand their rights and how to request the leave.

Implementing divorce/separation leave not only benefits individual employees but also contributes to a more resilient, empathetic, and productive workforce as a whole.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact uklabor@transatlanticlaw.com

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