Upcoming Changes in UK Bereavement Leave Law
Currently, UK law allows “reasonable” unpaid time off for emergencies, including bereavement, but there’s no statutory right to paid leave – except for parents who lose a child under 18, who get two weeks of Statutory Parental Bereavement Leave.
The proposed Employment Rights Bill aims to introduce one week of unpaid bereavement leave for all employees, expanding current protections. The bill is still progressing through Parliament and, if passed, could take effect by 2026.
UK Bereavement Leave – What Does the Law Say?
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.
The Business Case for Compassionate Support
“In the UK, about 5% of the nearly two million people grieving intensely while employed leave their jobs within six months and don’t work for the rest of the year” – Cruse
Over the next five years, a quarter of your workforce will be bereaved. Is your bereavement leave policy and support ready?
Bereaved workers experience increased stress, decreased engagement, and diminished productivity. Some will suffer mental health issues – anxiety, depression, perhaps PTSD.
Investing in compassionate support not only ensures people feel heard and valued, it also brings real benefits to businesses. Studies reveal that companies with supportive bereavement policies see increased loyalty, engagement, and productivity.
“Over half of employees would consider leaving their job if poorly treated after a loss” – Cruse
If You’re Grieving
If you’re grieving the loss of your loved one and wondering about bereavement leave, we’ve created these resources with you in mind…
Bereavement Leave UK – An Employee’s Guide
Do you get paid bereavement leave? (+ other answers to your questions)
“We train staff and managers to navigate loss and build resilience in the workplace.
We offer tailored support packages, including grief training, resource creation and bereavement policy reviews – all aimed at creating a supportive culture where staff feel valued.
Talk to us about how you can create a grief-positive workplace.”
– Dr Erin Hope Thompson MBE
Contact Dr Erin Hope Thompson
Use our contact form to learn about our training, or email hello@thelossfoundation.org. We look forward to talking with you.
Q&A: What is the difference between compassionate and bereavement leave? Compassionate leave and bereavement leave are both types of time off from work, but they have some differences. Compassionate leave is usually for when someone needs to care for a sick family member, while bereavement leave is specifically for when someone’s family member dies. So, compassionate leave is more about taking care of someone who is still alive and needs help, while bereavement leave is for when someone has passed away.
Free PDF Guide: How to Support Your Grieving Employee
Learn how to respond sensitively, communicate appropriately, and support bereaved employees in the workplace.
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The Landscape of Bereavement Leave in the UK
While UK legislation does not specify a set number of days for bereavement leave (other than for an employee who loses a child under the age of 18, or who suffers a stillbirth after 24 weeks’ pregnancy), employers are encouraged to offer a reasonable amount of paid leave to eligible employees. This leave is crucial for employees to grieve, make funeral arrangements, and attend to personal matters during a difficult time.
Most employers grant bereavement leave ranging from 1 to 3 days, with the possibility of extension depending on individual situations. The question is whether such a short period is sufficient.
One landmark study found that the current approach to bereavement leave isn’t working – not for the person grieving, not for businesses, and not for the economy. The key takeaways are highlighted in these images.
“There is no one-size-fits-all approach to grief, and we would urge employers to be as flexible as possible in how they support bereaved employees”… Statutory bereavement leave of two weeks could give workers “a crucial period of time to start processing their grief” – Heidi Travis, Chief Executive at Sue Ryder
Talk to us about creating a grief positive workplace
We train staff and managers to navigate loss and build resilience in the workplace.
We offer tailored support packages, including resource creation, policy review, toolkit development, and training courses, all aimed at creating a supportive culture where staff feel valued.
– Dr Erin Hope Thompson MBE
Contact Dr Erin Hope Thompson
Use our contact form to learn about our training, or email hello@thelossfoundation.org. We look forward to talking with you.
Q&A: Does an employer have to pay bereavement leave?
You should give two weeks of paid leave if an employee loses a child (or has a stillbirth after 24 weeks of pregnancy). Usually, employers don’t have to provide paid leave for other bereavements.
Many employers do give paid leave for bereavement even if they don’t have to by law. Research from Marie Curie shows about 7 in 10 employers do this. But some employees come back to work early because they can’t afford to take more time off.
Compassionate Leave Policies in Leading Companies
- Unilever: up to 20 days of paid compassionate leave.
- Lloyds Banking Group: up to 25 days of paid compassionate leave.
- Admiral Group: up to 10 days of paid compassionate leave.
- Virgin Management: up to 10 days of paid compassionate leave.
- Aviva: up to 5 days of paid compassionate leave.
- EY (Ernst & Young): up to 10 days of paid compassionate leave.
- Barclays: up to 10 days of paid compassionate leave.
Developing a Bereavement Leave Policy
Creating a bereavement leave policy is essential for providing clear guidelines and support for employees during times of grief.
A comprehensive policy should outline eligibility criteria, the process for requesting leave, and the duration of leave available to employees. Employers may also consider offering additional flexibility, such as allowing employees to take unpaid leave or work remotely if needed. Here are some steps towards writing a suitable, supportive Bereavement Leave policy:
- Engage Your Employees: Seek input from employees and their representatives, such as employee forums, volunteers, or recognised trade unions.
- Acknowledge Individual Needs: Use the policy as a flexible guide, adapting to the unique circumstances of each situation rather than following rigid processes.
- Clarify Internal Procedures: Define clear roles and responsibilities for handling bereavement or the death of a staff member.
- Reference related policies: like your flexible working policy, to ensure comprehensive support.
- Promote Policy Awareness: Ensure line managers are familiar with the policy and make it easily accessible for employees.
- Regularly Review and Update: Periodically review the policy to ensure it remains current, aligning with best practices and legal requirements.
- Support Line Managers: Provide clear guidance on when line managers should seek HR advice and offer support to them in managing bereavement situations.
Bereavement Leave Policy Templates
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“The Loss Foundation offers online and in-person training to help organisations support themselves and others in grief.
We’ve trained organisations such as Blood Cancer UK, Hospice UK, and the National Theatre.
Our online training accommodates busy routines, and bereavement worksheets provide a helpful toolkit for professionals supporting grieving individuals.”
– Dr Erin Hope Thompson MBE