Recent developments in employment law signify significant changes to bereavement leave policies in the United Kingdom.
It is crucial for an employer to understand both the current framework and proposed legislative changes that may affect workplace policies.
Current legal framework
Under existing UK legislation, there is currently no legal entitlement to paid bereavement leave, with one notable exception. The current legal stance can be outlined as follows:
- Staff are entitled to take “reasonable” unpaid leave to deal with emergencies involving dependants, including bereavement
- From April 2020, Parental Bereavement Leave (PBL) grants two weeks of statutory leave for parents who lose a child under 18 or have a stillbirth after 24 weeks of pregnancy
- What is classified as “reasonable” time off remains subject to employer discretion
Proposed legislative changes
The Labour Party’s Employment Rights Bill puts forward significant reforms to bereavement leave entitlements. The key proposal includes a day-one right to paid bereavement leave, representing a considerable difference from current requirements. This suggests it could have extensive implications for employers across all sectors. For more information about the Employment Rights Bill, see our previous blog.
Legal implications for employers
In order for employers to be compliant with potential legislative changes, we advise employers to take the following preparatory steps:
1. Policy review and updates
- Carry out a thorough review of existing bereavement policies
- Develop clear definitions of entitlements and qualifying conditions
- Ensure compliance with the proposed statutory requirements
2. Contractual considerations
- Review employment contracts to make amendments needed
- Consider incorporating flexible provisions to accommodate future legislative changes
- Update staff handbooks and any related documentation or policies
3. Management training
- Provide training programmes for HR personnel and line managers so that everyone understands the policies and procedures
- Develop procedures for handling bereavement leave requests
Recommendations
While statutory compliance forms the foundation of bereavement leave policies, we recommend employers consider implementing further measures, such as:
Extended support framework
- Introduce flexible options for additional unpaid leave
- Consider cultural and religious requirements when developing policies
- Ensure clear protocols are established for extended family bereavements
Practical support measures
- Improve return-to-work programmes for bereaved employees
- Think about introducing Employee Assistance Programmes (EAPs)
- Make sure employees have access to bereavement support
Mitigating legal risks
To minimise potential legal risks, employers should:
- keep a record of all bereavement leave decisions and rationales
- Maintain consistent application of policies across the workforce
- Regularly review and update policies in line with legislative changes
- Seek legal advice when managing challenging and complex cases
Comment
It is evident that employment law is continuously changing and evolving, therefore it is so important that employers stay informed of legislative developments and changes and also be prepared to adapt their policies accordingly, like bereavement leave. We recommend regular policy reviews and updates to ensure continued compliance with emerging legal requirements.
How can we help?
Rebecca Arnold is an Associate in our expert Employment Law team, providing advice on a wide range of contentious and non-contentious matters including unfair dismissal, unlawful deduction of wages, whistleblowing and discrimination claims.
For advice on or further information in relation to the subjects discussed in this article, please contact Rebecca or a member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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