At the time it was enacted, the Employment Rights Act 2025 promised a new right to bereavement leave for employees that suffered a loss in their immediate family. The scope of that right was, as with much the Act, subject to a period of public consultation, which concluded earlier this year.
Following that, the Government has now set out firm proposals for the way in which that right, will be available to all employees from the first day of their employment, will operate in practice.
Unpaid Bereavement Leave will be available to any employee who loses a spouse, partner in a committed long term relationship (whether that partner is co-habiting or non co-habiting), parent, adult child or sibling.
Additionally, in consideration of changing familial and societal dynamics, from April 2027 this will now include step, half, adoptive, kinship care and foster relationships, which fell outside previous legislation. The death of extended family members (such as aunts, uncles, cousins, grandparents, grandchildren and in-laws), however, are not included as part of this new right.
In addition, parental bereavement leave will be extended to cover women and their partners who experience any type of pregnancy loss (including miscarriages, IVF embryo transfer loss and terminations) at any stage during their pregnancy and will now be entitled to up to two weeks of unpaid leave. This was previously limited only to pregnancy losses following 24 weeks
Unpaid Bereveament Leave can last for a period of up to two weeks within 56 weeks of a loss and can be taken continuously or be broken up into single days.
Where an employee wishes to take unpaid bereavement leave, if that is being taken within the first eight weeks following a loss, the employee would only need to provide their employer with notice they intend to take that unpaid bereavement leave on the first day that is to begin, or as soon as reasonably practicable afterwards. If leave is being taken after the first eight weeks following a loss, the employee must provide at least one week’s notice. Employees also will not need to provide evidence of the loss, easing the burden on them at such a difficult time, and will be protected from detriment or dismissal for exercising their statutory right to leave.
These changes arise following campaigns and a consultation where over 80% of employers supported bereavement leave following the death of a family member. They have been described as ‘common-sense’ in the hopes that employers will treat this as a baseline, and go further to support those grieving.
Should you require advice on the changes to bereavement leave, our Employment team at Curzon Green are here to help at employment@curzongreen.co.uk or by calling one of our offices.