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December 19, 2024

Employers need to support couples during relationship breakups

Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.

Unhappy woman on her own sitting on sofa after a relationship breakup

As the holiday season gets into full swing, there are calls from those on the front line of relationship breakups for greater awareness on the part of employers of the difficulties faced by couples going through separation.

Although the introduction of no-fault divorce has simplified the process, the negotiations over finances and children and the impact on mental well-being pose an increased challenge.

Traditionally, more people petition for divorce in January than at any other time of the year, which is attributed to the pressure of the family Christmas get-together.

This season, there are concerns that many more relationships will struggle to survive because of troubles brought about by the cost-of-living crisis.

The emotional and financial stress of divorce may lead to anxiety, depression and more, according to a survey by the Positive Parenting Alliance, which found that 95% of respondents reported their mental health suffered during their divorce.

Even in a no-fault breakup, the legal process can take a long time and be expensive as couples negotiate how to divide their assets and work out maintenance payments, child custody and contact arrangements.

Employment solicitor Karen Cole explains:

“Traditionally, the workplace was for work, and employers expected everyone to leave their domestic lives at the door. However, those attitudes have shifted. The impact of divorce and relationship breakups are not just a personal problem anymore. It is very likely to spill over into how a person approaches their work, and even their mental wellbeing. In those circumstances, it is likely to impact productivity; someone may become emotional in their interactions with others or take a lot of sick leave to manage the stress of divorce.

But for an employer, it’s essential to recognise an employee may need protection and compassion rather than a performance review.”

Under the Equality Act 2010, serious ill health arising from stress could be a disability.

Head of family Pippa Marshall added:

“Ending a marriage can be a tough process, and what’s needed is a well-informed, collaborative approach. Anyone supporting or advising a couple should focus on achieving a constructive outcome through positive negotiation. And, ideally, that approach should be reflected in any support the parties receive in their working environment.”

Contact Pippa Marshall today for advice on relationship breakups or Karen Cole regarding an employment matter.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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