Workplace Grief Guides

Those who lose a child under the age of 18 or who suffer a stillbirth (after 24 weeks’ pregnancy) are entitled to two weeks of paid leave under ‘Jack’s Law’ in England, Scotland, and Wales, with different regulations in place for Northern Ireland.

When an employee experiences the loss of a dependent, such as a child or parent, they are entitled to take compassionate leave. While there is no set duration for this leave and it does not have to be paid, it’s important for employers to understand and support their employees during this difficult time.

According to the Employment Rights Act 1996, employees typically have the right to reasonable unpaid time off for unforeseen matters or emergencies involving a dependent or immediate family, which includes arranging or attending a funeral.

A ‘dependent’ as defined by law encompasses a spouse, civil partner, child, parent, cohabitant (except for employees, tenants, or lodgers), or someone relying on the employee for care arrangements. This may also extend to individuals typically dependent on the employee for care or emergency assistance, like an elderly neighbour.

In cases where the deceased is not a dependent or immediate family member, specific rights may not apply. Whether leave is granted in such situations is at the discretion of the employer.

It’s crucial to be mindful of behaviours that may be perceived as bullying or harassment, such as pressuring employees to return to work prematurely after the loss of a loved one. Such actions can have a detrimental effect on employee morale and well-being.

Offering flexible working arrangements can be beneficial for employees coping with loss, allowing them to balance their work responsibilities with personal needs. Employers should be open to considering and accommodating flexible working requests within the bounds of organisational policies and statutory rights.

Employers must ensure that individuals with ‘protected characteristics’ are not subjected to unfair treatment or discrimination. These protected characteristics include age, gender reassignment, sex, marriage or civil partnership status, race, religion or belief, sexual orientation, and disability

Examples of discriminatory actions include:

• Refusing an employee’s request to participate in recognised cultural or religious customs related to bereavement.

• Failing to consider reasonable adjustments if an employee’s grief is impacting their mental health.

• Allowing time off only for employees who were married to or in a civil partnership with the deceased individual.

Grief can impact job performance, compromising safety due to changes in sleep, concentration, and mood. Line managers must understand their employees’ situations to prioritise safety and welfare. For instance, impaired sleep may render an individual unsafe to operate machinery or drive at work. Incorporating Health and Safety Assessments and reasonable workplace adjustments into the bereavement policy can address these concerns.