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January has long been seen as a peak time for family lawyers as divorce enquiries surge in the wake of the festive break. In this article Richard Port, Boardside founder and employment lawyer, and Andrew Meehan, family lawyer and founder of Harrogate Family Law, share their knowledge to help bosses understand how they can make things easier for employees who may be experiencing relationship breakdown.
Andrew: It isn’t so much that the festive break causes relationships to break down, it’s more that any problems that were developing beforehand suddenly become more apparent. Christmas is a time when families are spending more time together than they usually would, there may be additional relatives and friends in the house and spending tends to be much higher than usual. All these things can exacerbate any stress and friction that was already bubbling under the surface.
Andrew: The first meeting is often quite emotional, as reality sets in. It may be the first time they have spoken openly about their decision. When someone has chosen to seek legal advice, it is usually because they have resolved to bring an end to their unhappiness. This can create feelings of huge relief but also of guilt and anxiety, particularly when it comes to breaking the news to children, family and close friends. Our job is to guide them through the process gently, with clear information to help them deal with the practical decisions they need to make, and compassion to support them through their emotional response.
Andrew: Divorce creates significant change in someone’s personal life and there is bound to be a knock-on effect at work. Their emotional state can be very turbulent for months on end. Managing the reactions of their partner, children, parents, siblings and others is draining and this can manifest in all sorts of ways. Added to that is the extra financial stress they may be under, which can create anxiety over keeping a job. This might mean people are less willing to take time off, even if they would benefit from it.
Richard: Supporting colleagues through divorce is just one of many ways businesses can look after the wellbeing of their staff. Employers can make a real difference by firstly showing understanding. It is important to recognise that this is a life-changing period of stress which could impact on a person’s day to day life for some time. It is not permanent though. The turmoil will settle and employers should keep this in mind. This is not an employee who has stopped performing, this is a member of staff who need a period of extra support.
Of course, this assumes that the employer is aware. So, ensuring that employees feel able to turn to the employer for support is very important. Line Managers need to show and demonstrate that they care and can be trusted and, through that, access to support (whether HR or beyond with counselling) is on hand.
Richard: Even the smoothest divorce will create additional stress and anxiety in a person’s life. There will be a lot to sort out practically, even if the employee does not appear particularly emotional on the surface. As an employer, you can keep an eye on their workload and organise regular catch ups to make sure they are coping. Let them know about any benefits they might have access to, such as counselling through an employee support scheme. Encourage them to take time off if they need it and make it clear that you are prepared to be flexible during this period if, for example, they have to attend meetings with their solicitor or want to pick their children up from school more regularly.
Andrew: Having a flexible employer can give the person who is going through divorce a greater sense of control. This will help to reduce the impact of divorce in all areas of their life, including work. Another key area where home and work may cross paths is pensions. If the employee has a workplace pension, it is really helpful if the employer makes it as easy as possible to access information about this and any other employee benefits. Depending on the type of pensions a couple hold and how long they have been held, the value could represent their largest joint asset. This is a highly specialist area and companies can make it easier for experts and advisors to access accurate information by having efficient processes in place which are clearly communicated to staff.