Employment Rights Bill: wider bereavement leave rights for employees

The government has announced significant changes to bereavement leave through the Employment Rights Bill. Traditionally, bereavement leave in the UK has been most clearly defined for parents who suffer pregnancy loss after 24 weeks, or if a child younger than 18 dies, under the Parental Bereavement Leave and Pay legislation.

However, the new proposals go further. Under the Bill, employees will have the right to at least one week of unpaid bereavement leave from day one of employment if they lose a close loved one. The term “loved one” is yet to be precisely defined in legislation, but it is expected to include relationships such as spouses, parents, siblings and potentially other close family members. Final details are still to be confirmed.

For employers, these changes are important. Although the leave is unpaid, it represents a new statutory entitlement and will therefore need to be reflected in your workplace policies and contracts. In practical terms, even unpaid leave can affect rotas, workflow and staffing levels. Employers will need to plan ahead to ensure that line managers understand how to process bereavement absences, what evidence (if any) they can request, and how to support to employees suffering from bereavement.

It is worth noting that the statutory entitlement to paid bereavement leave still only applies to parents who suffer the loss of a child under 18 or experience a stillbirth after 24 weeks of pregnancy. Other types of bereavement leave, such as the death of a spouse or parent, will remain unpaid unless employers choose to go further and offer paid compassionate leave as a contractual benefit.

In addition to the current bereavement leave entitlement, there are further changes for those who suffer pregnancy loss. Employees who experience a miscarriage at any stage of pregnancy will be entitled to protected bereavement leave from day one. This is a significant extension of current protections and will require employers to update their policies to reflect the change.

For many employers, this new approach offers both challenges and opportunities. On one hand, there may be concerns about short-term resourcing and the administrative burden of implementing new leave policies. On the other hand, taking a compassionate approach can be a powerful way to build trust and loyalty among staff and strengthen your workplace culture. While there is no obligation to pay employees for this newly extended leave beyond existing parental bereavement entitlements, some businesses may decide to offer paid compassionate leave as part of their benefits package. This can send a positive message about your values and help retain skilled employees who are going through a very difficult time.

Although the changes won’t come into effect immediately, it would be sensible to review your current bereavement and compassionate leave policies sooner rather than later. Consider how you define “close loved ones,” communicate any changes clearly to employees, and train managers on handling these sensitive requests with empathy and fairness. Having a consistent, transparent approach will reduce the risk of misunderstandings and help you stay compliant with the new legal requirements.

The Employment Rights Bill marks a meaningful shift in how bereavement leave is recognised in UK workplaces. While the changes bring new responsibilities, they also offer an opportunity to show your workforce that you support them not just as employees, but as people navigating some of life’s most difficult moments.

If you would like to discuss how these changes might affect your business or would like help reviewing your policies, please get in touch with our employment law solicitors.

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