Many of the reforms set to be introduced by the Employment Rights Bill have captured the media spotlight. Somewhat overshadowed by the fanfare are a number of other significant changes. One of these is the expansion of bereavement leave.  

The current position 

Since the introduction of parental bereavement leave in April 2020, eligible employees have been entitled to two weeks of leave and pay following the death of a child under 18, or a stillbirth after 24 weeks of gestation.

However, save for grieving parents, there is no broader statutory right for employees to take bereavement leave on the death of a loved one. In practice, many employers will offer compassionate leave (paid or unpaid) for employees dealing with bereavement, or employees may take sick leave (a portion at least of which may be paid) or holiday. 

Recent attempts to broaden the law have focused on including pregnancy loss before 24 weeks within the legislation, but, so far, these have been unsuccessful. 

A new minimum standard

It is estimated that, for every death, six people experience intense grief, resulting in nearly 2 million working people suffering from intense grief each year.¹  This highlights the widespread impact that bereavement can have on the workforce.

The ERB is set to expand the scope of bereavement leave to apply more broadly than on the loss of a child, introducing a new day one right to at least one week of leave following the loss of “a loved one”. Exactly who this will entail will be set out in regulations, although it would be surprising if spouses, parents and siblings were not covered.   

This is a welcome move in acknowledging that anyone can be affected by bereavement at any point in their life, not just parents. By removing the discretionary nature of time off and extending protection from dismissal or detriment beyond parental bereavement leave, employees will be able to take time to grieve without the fear that doing so will undermine their job security. 

Unpaid leave 

However, there is a catch: it will be unpaid. Only parents who lose a child will continue to be eligible for paid leave. This may ultimately dilute the impact of the legislation and the level of take-up. 

Evidence suggests that individuals in more socio-economically challenged circumstances often experience persistent grief.2  Yet, they may be the least able to take advantage of the new right, given the financial strain it could impose on them.

In practice, many employees are likely to rely on their employer’s discretion for paid leave or turn to holiday and/or sick leave when dealing with the loss of loved ones (other than children), rather than the statutory entitlement to unpaid leave.

A hierarchy of grief?

The new statutory right also reinforces an uneasy distinction between circumstances that justify leave with pay, circumstances that justify leave without pay, and circumstances that do not justify leave at all.  

The government has indicated that it will consult on the detail of the right to bereavement leave but the task of determining which relationships trigger a right to leave, and which do not, may not be a comfortable one and could lead to criticisms of legislating to standardise grief.

The disparity could also lead to difficult discussions in the workplace and arguably put pressure on employers to step in and bridge the gap through their own policies or goodwill. 

Pre-24-week pregnancy loss – a “gap in support”

The extension of bereavement leave has also prompted renewed discussions around support for those experiencing pregnancy loss before the 24-week mark. And while pre-24-week pregnancy loss is not currently captured in the draft ERB, the government has indicated there is room for movement in this area. 

Commenting that the government “fully accept the principle of bereavement leave for pregnancy loss”, Justin Madders, Minister for Employment Rights, Competition and Markets, indicated in March 2025 that the government is open to further discussions during the passage of the Bill given the “clear gap in support”.  

His comments followed a report by the Women and Equalities Committee (WEC) which cited data estimating that more than one in five pregnancies end before 24 weeks. Acknowledging that the physical and emotional impacts can be comparable to other forms of bereavement and that sick leave is often inappropriate and inadequate, the WEC called for paid bereavement leave to be extended to women and partners facing this type of loss.

Next steps

The ERB is currently working its way through the Houses of Parliament and is expected to receive Royal Assent in summer. Key details of the new right will follow later in regulations, including the relationships that will be covered. It remains to be seen how pre-24-week pregnancy loss will be dealt with, if at all, although the comments from Justin Madders signal that the government is receptive to considering additional protection in this area.  

Further information on the Employment Rights Bill is available on our UK Employment Law Reforms tracker.

¹  Hansard, Volume 698 (Bereavement (Leave and Pay)), 29 June 2021

²  See above