Why employers should follow Tesco’s lead on domestic abuse safe leave

Written by Gemma Middleton

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As a paralegal in Aberdein Considine’s employment law team, my work involves supporting businesses across Scotland with HR frameworks and policy management. While industry updates are usually assessed through a commercial lens, Tesco’s recent announcement hits a deeper chord, highlighting why practical workplace support is so essential.

Tesco, in partnership with Usdaw, recently launched a benchmark policy offering three days (21 hours) of guaranteed “Safe Leave” for staff experiencing domestic abuse. This provides time to attend legal proceedings, secure housing or manage finances without sacrificing pay or depleting annual leave.

Why “Safe Leave” matters beyond standard annual leave

For victims of coercive control, standard annual leave is frequently monitored, tracked or restricted by perpetrators. Forcing employees to use statutory holiday or unpaid absence to handle crisis situations – such as fleeing abuse, attending court, or meeting legal advisors – can expose them to heightened danger at home. Dedicated, confidential safe leave provides a crucial lifeline that keeps job security and financial independence intact, without alerting a controlling partner.

Legal Context

There is currently no statutory obligation under the Employments Rights Act requiring employers to offer paid safe leave. However, the legislative momentum is clear:

  • Proposals such as the Domestic Abuse (Safe Leave) Bill have brought national attention to statutory paid entitlements, following models already active in Northern Ireland
  • Advisory bodies like ACAS increasingly highlight an employer’s statutory health and safety duties and flexible working obligations regarding vulnerable staff

How we can help

From an employment law perspective, domestic abuse can affect employee safety, attendance, performance and well-being, while creating practical risks for employers. Our Employment team helps organisations establish clear reporting routes, confidential decision-making processes and consistent support for affected employees.

We can assist corporate clients with:

  • Drafting dedicated safe leave policies to establish clear, confidential leave frameworks separate from standard holiday tracking
  • Implementing practical safeguards, including confidential reporting routes, manager guidance and appropriate record-handling processes
  • Updating HR frameworks by integrating safe leave into existing handbooks and leave frameworks to stay ahead of upcoming legal trends

Contact the Employment team at Aberdein Considine today to discuss how we can help your business implement a comprehensive domestic abuse policy to safeguard your workforce.