In this latest article in our series on the Employment Rights Bill, we outline the newly proposed statutory protections for Bereavement Leave.
What is Bereavement Leave?
Bereavement leave refers to time taken off work following the death of a loved one. It allows employees time to grieve, make funeral arrangements, and manage the emotional impact of a loss.
When an employee suffers from such a loss, employers must balance compassion with the need to minimise disruption to their operations.
Current Legal Framework
Currently, there is no general statutory right to bereavement leave. The only exception is Parental Bereavement Leave, which was introduced in 2020 and allows eligible parents to take up to two weeks of paid leave following the death of a child or dependent from 24 weeks of pregnancy, up to the age of 18.
Many employers do offer bereavement leave beyond this scope, however, there is no legal obligation to do so.
Key Proposals in the Employment Rights Bill
The Employment Rights Bill expands bereavement leave entitlements, implementing several key changes, including:
• Day one right to unpaid bereavement leave: Employees will be entitled to take time off due to a loss from their first day of employment;
• Expanded scope of bereavement leave: The right will cover a broader range of relationships, including pregnancy loss before 24 weeks.
• Minimum leave period: Employees will be entitled to at least one week of leave, and this is to be taken within a window of a minimum of 56 days.
Bereavement leave under the new provisions will be unpaid, although employers can choose to offer paid leave. Only parents who lose a child or dependent will continue to be entitled to paid leave.
The definition of a loved one is expected to be set out in the accompanying regulations, but is likely to include spouses, parents, and siblings.
Implications and Advice for Employers
The Bill introduces a clear statutory baseline for bereavement leave, helping employers develop consistent and compassionate policies. It will also protect employees who previously may not have been entitled to time off during difficult times.
As a result of the Bill, employers should consider reviewing and updating their policies to ensure that they reflect the new legal entitlements. Within this framework, they should clearly outline eligibility requirements, the length of bereavement leave offered, and their pay offerings.
Managers should also be trained to handle bereavement in a sensitive manner, receiving training on how to respond to requests and how to support to grieving staff.
Workforce planning exercises should also be undertaken to assess the potential impact of employees taking bereavement leave, ensuring plans are in place to maintain coverage and avoid disruption in the event that an individual is absent.
Conclusion
The Bill’s proposals on bereavement reflect a commitment to fostering compassionate workplace practices. The introduction of a statutory right to bereavement leave is an important step in recognising the impact of loss and ensuring employees are supported during difficult times.
Thorntons’ Employment Rights Bill series will continue to provide updates and practical guidance on bereavement leave and other key aspects of employment law, helping both employers and individuals navigate the area. You can get in touch with one of our experts by calling 03330 430150 or emailing us on [email protected]
