COMPLIANCE
T he Government recently launched a consultation on extending statutory bereavement leave to include additional situations, such as where an employee has a miscarriage. The consultation, “ Make Work Pay: leave for bereavement including pregnancy loss ” proposes a ’day-one’right to bereavement leave – a significant expansion on the current system. You can find the consultation here: https:// ow.ly/6xUV50XptrG. “This is an area of employment law where legal rights lag behind general perceptions” Current bereavement leave Currently, the law provides for limited rights to paid parental bereavement leave. This is limited to two situations, and under both, the employee will typically have a statutory right to two weeks of paid leave: l where an employee is a parent who loses a child under the age of 18; or l where an employee experiences a stillbirth after 24 weeks of pregnancy. There’s a broader entitlement under employees’ rights to time off to deal with an emergency, however, this is quite limited. This only applies where the emergency involves a dependant and the time off is limited to only that which is reasonable to deal with the emergency. It’s also unpaid leave only. Employers may choose to pay for this time off, but they’re not required to. Many businesses go further than the statutory minimum, choosing to provide employees with additional grounds for bereavement leave, allowing for longer periods of leave and / or pay while they’re on bereavement leave. Practices vary but this is an area of employment law where legal rights lag behind general perceptions, with employer policies and allowances varying substantially, even within the same sector. This is one of the reasons the Government has cited for the changes, to ensure there’s a uniform baseline for bereavement leave entitlement under the Employment Rights Bill (the ‘ERB’).
wider right to unpaid bereavement leave for employees. This is to be another of the ‘day-one’ rights under the ERB, meaning employees will have an automatic right to it from the first day of their employment. Further, it will also provide a right to bereavement leave in the event of miscarriage. While that much is certain, the specifics of the new right to bereavement leave are less clear at this stage, with the consultation requesting feedback on three key areas: l eligibility l when and how leave can be taken l any notice and evidence requirements. The eligibility section isn’t seeking to broaden the scope in terms of the class of staff member who would have the right, as the proposed rights would only apply to employees, and there’s no indication of any appetite to extend this to workers more generally. Instead, the area the Government is consulting on involves the situations and relationships which would trigger the right. For instance, whether this should be limited to only the death of an immediate family member, or extending this to grandparents, in-laws, close friends or similar. In the case of pregnancy loss, whether the leave should be extended to the partner of the person experiencing the loss, as well as the types of pregnancy loss is covered. The mechanics of the leave form the second part of the consultation. The relatively modest figure proposed as a baseline is one week of unpaid leave, with the consultation asking whether this should be increased to two weeks or an alternative length, as well as whether different bereavement circumstances should trigger different lengths of leave entitlement. Further questions focus on whether the right to any leave should be time limited, and if the leave must be taken as a block or if it can be broken up.
employers should revisit the contracts and policies they currently have in place. Since it’s indicated that the new bereavement leave right will only apply to employees, businesses with mixed staff of workers and employees should be careful handling this and ensure they bear the changes in mind when updating policies. “It will also provide a right to bereavement leave
in the event of miscarriage”
Notably, the rights to bereavement leave only introduce a minimum requirement. Employers can choose to go beyond the legal minimums. While the proposed statutory requirements provide a minimum period of unpaid leave, employers can go above and beyond this by providing a longer period of leave or ensuring the leave is paid (either for the full duration or for part of it). Providing more generous support can boost morale and demonstrate a commitment to wellbeing, which can be helpful in competitive sectors. Notably, many employers do already have policies which exceed this. Businesses will need to tread carefully in establishing the circumstances of any bereavement to ensure that the correct length of leave is being provided. As an example, under the currently proposed baseline, a loss of pregnancy at 23-weeks may trigger a right to one week of unpaid leave, but if the same were to occur 25-weeks into pregnancy this would give rise to two weeks of paid leave as it may fall under the current regime. Since this section of the ERB isn’t expected to take effect until 2027, this is one area to watch closely, to determine whether this ‘cliff edge’ is addressed in any way. Conclusion Whatever approach is taken, consistency and clarity are key – a clear policy and good communication to staff and end hirers will set the right expectations once these new rights take effect. The consultation is open until 15 January 2026. n
Implications and practical adjustments
While many of the changes under the ERB are substantial in nature, the proposed rights to bereavement leave currently appear quite modest. The current Government roadmap for the ERB foresees the ‘day-one’ right to bereavement leave being brought in sometime during 2027, giving businesses time to prepare. As with most changes under the ERB,
Proposed bereavement leave One of the clauses in the ERB brings in a
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Issue 116 | December 2025 - January 2026
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