New bereavement leave rights: How employers can prepare

Employees will soon be entitled to time off after a bereavement or pregnancy loss, under new reforms.

The new legal right was announced as part of the government’s response to its consultation on bereavement leave. Coming as part of the Employment Rights Act 2025, the change is expected to come into force in April 2027.

Natalie Ward, Partner in our Employment team, takes a look at the new right and what employers should look to do ahead of its arrival.

What is changing?

At the moment, statutory bereavement leave is limited to parents who lose a child under 18 or have a stillbirth after 24 weeks of pregnancy. Everyone else relies on their employer’s goodwill.

From April 2027, the main changes will be:

• A day-one right to bereavement leave for employees. Workers who are not employees will not be covered.
• Cover for the loss of a spouse or partner, parent, adult child or sibling – including step, half, adoptive, kinship care and foster relationships.
• Leave for pregnancy loss before 24 weeks, including pregnancy loss before 24 weeks including by miscarriage, during IVF treatment and other circumstances. This applies to partners and intended parents in surrogacy arrangements, as well as the person who was pregnant.
• Two weeks’ unpaid leave for every type of bereavement, which can be taken within 56 weeks of the loss, including as single days,
• For the first eight weeks after the bereavement, notice need only be given before the employee starts work that day or as reasonably practicable. Leave taken more than eight weeks after needs at least one week’s notice.
• Protection from detriment or dismissal for taking the leave.

The government expects to introduce the changes through secondary legislation and has promised guidance next year.

Why does this matter?

For many employers that already offer compassionate leave to their staff, this may simply formalise existing practice – but it being a legal right is different from discretion. Once it has come into force, employees will be able to insist on taking leave, and employers should be prepared as mishandling a request could lead to a claim.

With the right widening the scope, covering more relationships than many current policies, and applying from an employee’s first day, and the increased flexibility making leave more difficult to manage, businesses need to be alive to what applies.

It is hoped that the coming guidance will address questions such as how bereavement leave will interact with sick leave and pay.

What should employers do?

There are a number of actions businesses can look to take Ahead of the new right coming into force next April:

• Update existing policies to align with the new right. Check who is covered, how much leave is offered and whether your policy gives at least the same protection – including the flexibility to take leave as single days and the wider range of family relationships.
• Decide whether to offer pay during bereavement leave. The Statutory leave will be unpaid, but many businesses may want to keep or improve their paid compassionate leave offer.
• Prepare updates to contracts, handbooks and absence procedures in advance of the right being introduced.
• Review payroll and HR systems to ensure they can record leave taken as single days over the space of 56 weeks.
• Provide training to line managers in handling conversations sensitively, particularly around pregnancy loss, and to avoid what could be perceived as applying pressure not to take leave.
• Monitor the secondary legislation and government guidance as they emerge, and take legal advice to ensure your policies are compliant.

Thrings’ Employment lawyers are experienced in dealing with business matters that affect the workforce and has acted for both employers and employees from start-ups and SMEs all the way to multinational corporations across a wide range of employment matters. To find out how they can help, please get in contact.