Employment Rights Bill

A consultation on implementing the provisions of the Employment Rights Bill as regards bereavement leave has been published.

There is currently no general statutory right to bereavement leave unless an employee’s child dies under the age of 18 or is stillborn after 24 weeks of pregnancy whereby statutory parental bereavement leave and pay may apply. Employees taking parental bereavement leave are also protected from detriment and dismissal. However, there is no legal right to take bereavement leave outside of this, for example when a spouse or sibling dies.

The Employment Rights Bill amends the parental bereavement leave rules to turn ‘parental bereavement leave’ into ‘bereavement leave’. This will be a Day 1 right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.

The details of the right are to be set out in regulations, and a consultation has been published looking more closely at what they will contain, specifically:

• eligibility, including which family and personal relationships should qualify
• who should be entitled to leave following pregnancy loss (e.g. the person who experienced the loss, their partner, or intended parents)
• the duration, timing and flexibility of leave
• notice and evidence requirements

The consultation closes on 15 January 2026, and the aim is to introduce the new right in 2027.