One of the most difficult experiences an employee can face is bereavement. As an employer, you should consider how your business will respond in this situation. A clear bereavement policy ensures that there is a set framework to follow, while helping employees understand what support is available to them.
The Employment Rights Act 2025 will introduce a new statutory right to bereavement leave, extending existing protections beyond parental bereavement. The new right is expected to come into effect in 2027, with further regulations needed to confirm the important details.
Why Bereavement Policies Matter
There isn’t a general statutory right to paid time off after a bereavement, however, in some circumstances, employees have specific rights. For example, in the case where a child under 18 dies or following a stillbirth after 24 weeks of pregnancy, employees have a day-one right to parental bereavement leave.
As an employer, you may provide contractual or enhanced bereavement leave if you have chosen to. This could be paid or unpaid but must be set out in the employment contract or workplace policy.
Having a clear policy is important so employees are approached consistently and sensitively in these situations. It also helps reduce uncertainty for managers who otherwise may be unsure what they can offer.
It’s important to note that a bereavement policy shouldn’t become rigid because every individual’s circumstances will be different. Grief is not predictable and employees may require differing forms of support.
What is Changing Under the Employment Rights Act?
A new statutory right to bereavement leave will be introduced under the Employments Right Act 2025. This new entitlement will not be limited to the death of a child, like the existing parental bereavement legislation.
It will allow regulations to define who will qualify by reference to their relationship with the person who has died. This will also include bereavement leave following certain types of pregnancy loss, including where an employee experiences the loss themselves or has a specified relationship with someone who experiences a qualifying loss.
Under the new right, employees who suffer the loss of a loved one will be entitled to two weeks of unpaid leave at any time within 56 weeks of the bereavement. It will be a day one right for all eligible employees and is now extended to loved ones other than just parental bereavement. This will include:
- Immediate family members (biological, adopted, step or half relations)
- Spouses/civil partners/partners in committed long-term relationships
- Parents
- Adult children
- Siblings
The Government’s current implementation timetable states that the new bereavement leave provisions are expected to take effect during 2027, however some rights are still in discussion.
Questions Employers Should Be Asking Now
Businesses don’t necessarily need to wait for every detail of the new legislation before renewing their approach, so it is helpful to review your current policies in the case of an employee bereavement situation.
Does Your Current Policy Reflect the Law?
It’s a good idea to review your existing bereavement and family-related leave policies against the rights employees currently have. Employees should also look out for further regulations and guidance as the wider bereavement leave provisions are implemented.
Who is Responsible For Handling a Bereavement Request?
If you have a smaller business, the employee may approach their line manager or director, instead of a HR department. Make sure those who are responsible know where to find the relevant policy and the right process to follow.
Mangers may also need guidance on what they should say when an employee tells them about a loss and what information they need to establish at that time.
Does the Policy Allow For Individual Circumstances?
A policy should provide consistency but also be flexible. It’s good to consider whether your approach allows employees to discuss additional time away from work where appropriate. This will depend on the circumstances and might involve annual leave or sickness absence.
Are Employees Clear About Their Rights?
Policies should be accessible and written in straightforward language. Employees should be able to understand what leave may be available, whether it is paid and who they should speak to when they need support.
Supporting Managers Through Difficult Conversations
Bereavement policies are often focused on the employee’s entitlement to leave, but employers should also consider the person responsible for managing the situation. A manager may not have any experience handling a bereavement in the workplace, so be unsure how much information they should gather, or worry about saying the wrong thing.
Managers should be equipped with the knowledge of how to respond with sensitivity and understand that the employee may not be able to make immediate decisions about their return to work. Try to provide managers with a clear process that covers who they should notify internally, when to discuss return to work, what information is required, when HR or legal advice might be needed and where they can find the actual policy.
This doesn’t need to be a script, but more of a guide as to how best respond while treating the employee as an individual. Confidentiality should also be considered, and information about an employee’s bereavement should only be shared with consent or where there is a legitimate reason to do so.
Reviewing Your Wider Family-Friendly Policies
Employment law is changing across a range of family-related rights, so businesses should consider whether their wider policies remain accurate and consistent. This might include reviewing policies covering parental leave, maternal/paternal leave and flexible working.
Assessing these policies together can also help employers identify any inconsistencies and resolve them. For small businesses without an internal HR function, this kind of policy review can be particularly valuable. Employment legislation is continuing to change, and relying on policies that were written several years ago can create unnecessary risks.
If you need any advice on your employee contracts or policies, our employment law team can provide you with expert guidance. Contact us today and see how we can help.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.