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Domestic Violence - Victims Protection Act 2018: variation of working arrangements

By Kiren Narayanan - 14 Aug 2018

There is a lot of talk around the new domestic violence leave introduced by the Domestic Violence - Victims Protection Act 2018 which was passed in July. However, the Act introduces another, less known, but equally striking change. In addition to being granted 10 days' domestic violence leave, an employee who is a victim of domestic violence can request a variation of their working arrangements for up to two months.

The working arrangements that may be varied include the hours and days of work, the place of work, duties and any contact details required to be made available to the employer.

Employees have this right regardless of when the domestic violence occurred, even if it happened before the employee became an employee of the employer.

A request for a variation of working arrangements must be made in writing and must comply with the requirements set out in the Act. The employer must deal with the request no later than 10 working days after receiving it. Failure to deal with the request within this period gives an employee the right to raise a personal grievance against the employer.

The employer may only require proof of the domestic violence if the request is made as early as possible and within three working days of receiving the request.

The employer can refuse a variation of working arrangements if either no proof of the domestic violence is provided or if the request cannot be reasonably accommodated. Whether the variation to the working arrangements can be reasonably accommodated is defined in the Act.

Contact our employment law team if you have any queries.


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