A divorce or long-term relationship breakdown is often said to be the most traumatic experience that an individual can have, second only to the death of a loved one. The separation process (and the financial / child arrangements negotiations that follow) can take months or even years to resolve.
Many people will juggle the stress of their separation with the demands of part-time or full-time work – and the likelihood is that, if unsupported, their working performance or attendance will suffer as a result. Employees who are experiencing a divorce or separation may be unproductive; their work may be produced to a lower standard than usual; their work attendance may decline; and they may also be short-tempered with colleagues or clients. Clearly all of these behaviours can have a significant impact upon the harmony and efficiency of a working environment.
A supportive workplace, however, has the power to make a real difference. It is anticipated that 42% of marriages will end in divorce, and it is therefore to the benefit of every organisation to be mindful of the separation process and the ways in which they can support their employees through these emotionally arduous times. This knowledge and support will not only assist the separating employee in question, but also the colleagues with whom they work and ultimately the working environment as a whole.
It is useful firstly to understand the range of issues that a divorcing or separating employee may be dealing with in their personal lives. These include, but are not limited to:
- Obtaining a divorce / dissolution – married couples or civil partners must issue a court application in order to formalise their separation. The process of simply dissolving a marriage or civil partnership will typically take three to six months. Whilst a bill for “no fault divorce” is passing through Parliament at the moment, there is no option for it at present. That means that parties often have to rely on unreasonable behaviour as the ground for their divorce which involves one party essentially listing the other’s unreasonable behaviour. This is clearly an emotive and difficult thing for someone to deal with and often adds to the significant stress already being suffered as a result of the marriage breaking down.
- Dealing with the financial position – couples who are married, in civil partnerships or are unmarried but with shared assets will need to negotiate with one another in respect of the division of their assets. There are different laws applicable to married couples / civil partners in comparison with unmarried couples. Married couples have far-reaching claims in respect of all capital, pensions and income acquired during the relationship – the extent of their negotiations is broad, and can therefore be lengthy and contentious. The claims arising in respect of unmarried couples typically are limited to the division of any property and, where applicable, child maintenance. The limited legal rights stemming from a long-term cohabiting relationship can cause a great deal of uncertainty. Irrespective of the relationship status of a separating couple, it is always the case that - when dividing one home in to two - resources will become stretched. If an agreement cannot be reached in respect of the finances then court proceedings will need to be issued.
- Sale of the family home – it is often the case that the family home (which was being funded by two parties) is unaffordable for either party independently and must therefore be sold. In the event of a sale of property, a separating / divorcing employee will also undergo the stressful process of conveyancing and moving house.
- Arrangements for children - if a separating couple have children then consideration will need to be given as to how their time is divided. Again, if an agreement cannot be reached, a court application will become necessary.
Essentially, for any employee experiencing a divorce / dissolution or separation, there are myriad of life-changing personal issues for them to deal with alongside their employment.
It is inevitable that the end of any long-term relationship is an upsetting experience for the couple involved – unfortunately, there are no remedies for heartbreak! There are however practices that employers can adopt to alleviate some of the stress and emotional burden that may be experienced by their employees during a separation. As an example, these could include:-
- Agile or flexible working - to support staff members who have implemented new / changed childcare arrangements for their children, or who are required to attend or prepare for court hearings.
- Support with mental wellbeing – training staff members as Mental Health First Aiders, organising internal wellbeing initiatives (for example, arranging for mental health experts to deliver lunchtime workshops to staff members, or arranging lunchtime yoga or mindfulness groups), funding access to therapy / counselling sessions / virtual mental health support and allocating staff with “wellbeing time” which can be taken in addition to annual leave.
- Allocating leave from work to separating employees, on a discretionary basis – allowing them to deal with court hearings / moving home, or indeed to focus on their mental wellbeing.
- Considering work allocation – if an employee has confirmed that they are going through a separation, ensuring that they have an appropriate workload and that they are not experiencing excessive additional pressure in the office.
- Signposting or referring them to the appropriate advisors – such as counsellors or therapists if appropriate, or lawyers / mediators who can assist with the practicalities of what they are going through. If you would like to signpost our Family Team, then please do get in touch.
It is debatable as to how far an employer’s responsibility goes in these circumstances; there is a limit on what employers can do to help people going through these very emotional and personal issues. What is undeniable is that people experiencing divorce or separation are more often than not suffering from a huge amount of additional stress and it is natural that their work performance will be adversely affected. On the basis a healthy and happy workforce is often the most efficient and productive one, there is a clear incentive for employers to provide as much support as they possibly can.
If you would like to find out more about how you could support your employees going through separation or divorce, please contact a member of our Employment Team .
