The Employment Rights Bill, currently moving through Parliament, introduces new statutory rights around bereavement leave that employers should start preparing for - without jumping the gun.
Here’s a simple checklist to guide your HR planning:
Review current compassionate/bereavement leave policies
Monitor progress of the Employment Rights Bill and upcoming regulations
Communicate clearly with staff about the current legal position
Avoid assuming new rights are already in force
Prepare to update policies once final regulations are published
What’s changing?
The Employment Rights Bill proposes a new statutory right to unpaid bereavement leave for employees who lose a close relative. Key points include:
Minimum of one week’s leave (unpaid)
Applies from day one of employment
The definition of "close relative" and other details will be confirmed through secondary legislation
Important: As of June 2025, these new rights are not yet law. Employers should wait for final regulations and a confirmed commencement date before making changes.
The current legal position
Currently, UK law only requires employers to allow “reasonable unpaid time off” to deal with emergencies involving dependants—including bereavement. There’s:
No statutory minimum for general bereavement leave (except in parental cases)
No legal requirement to offer paid leave
Significant discretion for employers in defining their compassionate leave policies
Many employers offer between 2–5 days of paid or unpaid leave for bereavement. But whatever your policy, it must be applied consistently to avoid claims of unfair treatment or discrimination—particularly where religious or cultural practices may be relevant.
Parental Bereavement Leave: still in place
This Bill does not replace the existing statutory right to Parental Bereavement Leave. That entitlement remains:
Two weeks’ leave for parents and primary carers of a child who dies under 18, or in the case of stillbirth after 24 weeks
Leave can be taken as a block or in two separate weeks within 56 weeks
Statutory pay applies if eligibility criteria are met
The new right for other close relatives will sit alongside this and is expected to be unpaid and shorter in duration.
Miscarriage leave: a major step forward
The Bill also includes plans to introduce a statutory right to miscarriage leave:
Two weeks of paid leave for mothers and partners experiencing pregnancy loss before 24 weeks
This is a new right, as current law provides no leave entitlement for miscarriage before 24 weeks
Details (eligibility, pay, notice) will be set out in forthcoming regulations
What should employers do now?
Until the final regulations are published and the Bill becomes law, employers should not promise or implement changes. But now is the time to:
Audit your current policies
Ensure your compassionate and bereavement leave policies are clearly worded and consistently applied.Keep staff informed
Explain that no new entitlements are currently in force and reassure them you’ll update them when the law changes.Monitor developments
Watch for government announcements about the Bill’s progress and any published regulations.Prepare internally
Brief line managers and HR teams so they can respond accurately to questions from staff and manage expectations.Document decisions
Keep records of leave requests and your responses to ensure transparency and compliance if challenged.
Final thought
While the Employment Rights Bill marks a positive shift in recognising the impact of bereavement and miscarriage on employees, it is still a work in progress. HR teams should be ready to adapt policies—but only once the legal framework is final.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
