New bereavement rights will give employees greater protection from April 2027, including after pregnancy loss and the death of close family members. But grief does not always begin with a death – or fit neatly into legal definitions of family. Fair Play Talks explores what the changes mean, where the law stops short and how employers can better support people through grief.
Employees across Great Britain will gain new legal rights to take time off work following the death of a close family member or pregnancy loss from April 2027, under major changes confirmed by the UK Government. The new statutory right to bereavement leave will apply when an employee loses a spouse or partner, parent, adult child or sibling, with protection also extending across step, half, adoptive, kinship-care and foster relationships.
Women who experience pregnancy loss before 24 weeks – including miscarriage, termination and unsuccessful IVF embryo transfer – will also be entitled to up to two weeks of unpaid leave. That entitlement will extend to partners, the other biological parent and intended parents in a surrogacy arrangement.
The changes are due to take effect in April 2027 following secondary legislation. Leave will be able to be taken flexibly within 56 weeks of the loss, including as individual days rather than one continuous block. Those taking leave during the first eight weeks following a bereavement will only need to notify their employer as soon as reasonably practicable. Employees will not have to provide evidence of their loss and will be protected against detriment or dismissal for exercising the new right.
‘NO ONE SHOULD HAVE TO FIGHT FOR TIME TO GRIEVE’
Announcing the reforms, Minister for the Future of Work Kate Dearden said: “No one should have to fight for time to grieve. These changes back people going through some of the hardest moments of life, whoever they are and wherever they work.”
The Government also acknowledged that many employers already go further than the proposed statutory minimum, including by providing paid compassionate leave, but argued that workers need a safety net that does not depend solely on an employer’s discretion. More than eight in 10 employers and nine in 10 business representative organisations responding to the Government consultation supported bereavement leave following the death of an immediate family member.
PREGNANCY LOSS RECOGNISED AS BEREAVEMENT
The extension to pregnancy loss represents one of the most significant elements of the reform. Currently, pregnancy loss before 24 weeks does not create an entitlement to maternity, paternity or parental bereavement leave, although employers can provide compassionate or other leave.
From April 2027, pregnancy loss before 24 weeks will be explicitly recognised through the new bereavement-leave provisions. Vicki Robinson, Chief Executive of Miscarriage UK, welcomed the move. “This is an important step in recognising pregnancy loss as a bereavement and the profound impact it can have, and we hope will provide a baseline for employers to go further.” But she stressed that she still believes bereavement leave should be paid, and would continue to push for it.
Fair Play Talks recently reported that paid sick leave has become the UK’s most valued workplace benefit, with 68% of employees surveyed rating company sick pay as particularly important. For somebody already dealing with loss, having to choose between income and time to grieve can add another pressure at an already difficult point in their life.
SIX YEARS AFTER CALLS FOR WIDER BEREAVEMENT RIGHTS
The announcement also represents a significant development in an issue Fair Play Talks has been following for several years. Back in 2020, the CIPD called for bereavement leave and pay to be extended to employees losing a close family member.
Fair Play Talks reported at the time on its call for two weeks’ bereavement leave or paid leave following close family loss, alongside clearer workplace policies, manager training and greater flexibility. Six years later, the law is moving substantially closer to that position – although statutory pay remains an important difference.
CBI Future of Work & Skills Director Matthew Percival said the new right recognised “the importance of giving employees time and space during some of life’s most difficult moments”. He noted that many employers already provide compassionate leave and said businesses would work with Government and other stakeholders on how the reforms operate in practice. “The government is currently undertaking a wider, comprehensive review of the parental leave and pay system including on areas such as ‘Hugh’s Law’ and the rights of parents with terminally ill children,” he added.
WHAT EMPLOYEES ARE ALREADY ENTITLED TO
The new rights sit alongside several existing protections, and it is important not to confuse them. Employees currently have a legal right to reasonable time off when a dependant dies. A dependant can include a spouse or partner, child, parent, someone living in the household or someone who relies on the employee for care.
This existing right is primarily intended to allow someone to deal with the immediate consequences of the death and does not create a general entitlement to weeks of paid bereavement leave. There is no general statutory right for that time to be paid.
Parents whose child dies under the age of 18, or who experience a stillbirth after 24 weeks, already have separate rights to up to two weeks of Parental Bereavement Leave, with statutory pay available where eligibility requirements are met. The April 2027 reforms significantly broaden the circumstances in which employees will have a specific statutory bereavement-leave entitlement.
DEALING WITH THE LOSS OF A CHILD
For parents, the age of their child currently makes an important legal difference. Parents who lose a child under 18 are already covered by Parental Bereavement Leave. That could include a parent whose child dies following cancer, another serious illness, an accident or any other cause.
But parents who lose an adult son or daughter have historically not had an equivalent general statutory bereavement-leave entitlement. The new rules will change that. For some parents, the death may come after months or years of supporting an adult child through cancer or another serious condition while continuing to work.
By the time bereavement occurs, they may already have experienced hospital appointments, caring responsibilities, disrupted sleep, financial pressures and considerable emotional strain. Two weeks’ leave cannot determine how long a parent should grieve.
Acas stresses that grief affects everyone differently and that somebody may need support both immediately after a death and after returning to work, including around anniversaries or an inquest.
DEALING WITH THE LOSS OF A PARENT
The death of a parent will also come within the new statutory bereavement-leave entitlement. For many employees, losing a mother or father can bring considerable practical responsibilities alongside grief – arranging a funeral, dealing with an estate, travelling overseas or taking on caring responsibilities for another family member.
Others may already have spent years caring for a parent living with cancer, dementia, Parkinson’s, another long-term condition or frailty associated with older age. Employers should therefore avoid treating bereavement as a single event beginning on the date somebody dies. For many people, the physical and emotional pressure has begun much earlier.
GRIEF DOES NOT ALWAYS FIT A LEGAL DEFINITION OF FAMILY
The people somebody grieves most deeply are not always those captured within statutory definitions. Acas explicitly advises employers to consider the circumstances of the individual. Someone may have been extremely close to the person who died even where there is no biological or legal relationship – including a close friend.
A compassionate workplace policy should therefore consider losses involving:
- a grandparent or grandchild
- a close friend
- a colleague
- someone who lived in the employee’s household
- someone who relied heavily on the employee
- a former partner
- an estranged relative where the relationship – and therefore the grief – may be complicated
- chosen family
- a long-term carer or person for whom the employee provided care
- culturally or personally significant relationships that do not fit traditional definitions of immediate family.
Not all of these circumstances automatically create a statutory entitlement to bereavement leave. That is precisely why employer policy and discretion matter. The question for managers should not simply be: “Does this relationship qualify?” It should also be: “How has this loss affected this person – and what support do they need?”
DEALING WITH A LOSS OF A COLLEAGUE
A colleague’s death can affect an entire workplace. Acas advises employers to communicate the news sensitively, offer support to affected colleagues, contact the person’s family or next of kin and check what information the family is comfortable having shared.
The impact may be particularly profound within a small or close-knit team where colleagues have worked together for many years. Employers can consider enabling colleagues to attend the funeral or memorial and providing access to additional support.
Managers should not assume that because somebody was “only a colleague”, their death cannot cause significant grief.
SUDDEN AND TRAUMATIC BEREAVEMENT
How somebody died can also affect the support an employee needs. A sudden death can leave people coping simultaneously with shock, grief and practical disruption.
Deaths involving suicide, homicide, accidents or other traumatic circumstances may be followed by police investigations, legal processes or inquests. Employees can also experience multiple bereavements within a relatively short period, with the impact accumulating over time.
Two people experiencing technically similar bereavements may therefore have completely different needs. Flexibility is critical.
PET BEREAVEMENT
Not every significant bereavement involves another person. For many employees, the death of a pet can represent the loss of a much-loved member of the family. An animal may have provided companionship for many years, supported somebody through illness or isolation, or played an important practical and emotional role in everyday life. There is no specific statutory right to bereavement leave when a pet dies.
An employee would therefore normally need to rely on their organisation’s compassionate or special-leave policy, annual leave, unpaid leave or another arrangement agreed with their employer. Acas makes clear more generally that where there is no statutory entitlement, employers can still choose to provide time off and should approach individual circumstances compassionately.
For employers, the absence of a statutory entitlement should not automatically be interpreted as evidence that the grief is insignificant. A manager does not need to decide whether losing a pet should hurt somebody. They need to understand that, for that employee, it does.
WHEN GRIEF BEGINS BEFORE DEATH
Bereavement is usually associated with what happens after somebody dies. But grief can begin long before that. Employees supporting a partner, parent, child or other loved one with terminal cancer, motor neurone disease or another life-limiting illness may experience anticipatory grief while continuing to work. They may be grieving the future they expected to share with somebody while simultaneously dealing with treatment, medical appointments, caring responsibilities, difficult decisions and uncertainty.
There is no specific statutory entitlement to “anticipatory grief leave” simply because someone close to an employee is seriously or terminally ill. Other employment rights may, however, apply.
An employee with a dependant who has a long-term care need can take up to one working week of unpaid Carer’s Leave every 12 months. The leave can be taken in half-days, full days or as a full week.
Employees may also have access to time off for dependants where an unexpected emergency occurs, as well as flexible working, annual leave, employer-provided compassionate leave or other arrangements. If their own health means they are not fit to work, sickness absence may also become relevant.
ANTICIPATORY GRIEF
There is another form of grief that workplaces may rarely discuss. Partners and family members of people living with Alzheimer’s disease and other forms of dementia can experience profound feelings of loss while the person they love is still alive.
Alzheimer’s Society describes anticipatory grief as grief associated with thinking ahead to the changes and losses that may occur. It also describes “dementia grief” – grief associated specifically with changes caused by dementia, including changes to communication, reasoning and understanding.
For a husband, wife or partner, that can mean grieving elements of the relationship they once shared while continuing to love and care for the person. For an adult child, it may mean gradually becoming a carer for the parent who once cared for them. The person is still there.
But aspects of the relationship may be changing profoundly. Alzheimer’s Society notes that for some carers, anticipatory grief can even be harder to deal with than their grief after the person dies. It and Cruse have previously provided specialist pre-bereavement support for people experiencing loss during the course of dementia.
DEMENTIA GRIEF AND BEREAVEMENT LEAVE
Research shows that more than half of sandwich generation workers are caring for an ageing parent while working. Some of those parents may be living with dementia or other age-related conditions, meaning employees can find themselves working, caring and grieving at the same time. However, there is no statutory entitlement to bereavement leave simply because an employee is experiencing anticipatory or dementia-related grief while the person is still alive.
Other employment rights may help. Someone caring for a parent, partner or another dependant with dementia may be eligible for Carer’s Leave because the person has a long-term care need. Employees can take up to one working week of unpaid Carer’s Leave every 12 months, and Acas specifically gives the example of using the entitlement to help move a parent with dementia into a care home. Employers can choose to offer pay even though there is no statutory requirement to do so.
Employees may also have a right to time off for dependants when an unexpected emergency occurs. Other support could include flexible working, annual leave, employer-provided compassionate or special leave, occupational health, an Employee Assistance Programme or temporary adjustments to workload, hours or location.
For managers, the important point is that grief does not necessarily begin with a death. An employee caring for someone with dementia may already be coping with the gradual loss of the relationship they once knew, alongside increasing practical and emotional demands. The workplace response therefore needs to recognise that someone can be working, caring and grieving at the same time.
THE PRESSURE CAN BEGIN LONG BEFORE BEREAVEMENT
The same applies to employees caring for somebody with cancer or another serious illness. By the time a loved one dies, the employee may already be physically and emotionally exhausted after months or years of caring. That context matters when they return to work. A good bereavement policy should therefore avoid treating the date of death as though it necessarily marks the beginning of the employee’s experience.
In many cases, the grief – and the need for compassionate workplace support – began much earlier. The Government is also reviewing wider employment rights for unpaid carers and parents of seriously ill children as part of its Make Work Pay programme.
WHAT SHOULD EMPLOYERS DO NOW?
The new bereavement rights do not take effect until April 2027, but employers do not need to wait until then to examine how they support employees experiencing loss. For many organisations, the real question will be whether the legislation becomes the ceiling for support – or the minimum standard on which they build.
Acas guidance on supporting an employee after a death emphasises that everyone experiences grief differently and support should be tailored accordingly.
Review bereavement policies
Acas recommends that workplace bereavement policies make clear:
- how a death should be reported
- who can report it if the employee cannot
- when bereavement leave applies
- how much leave is available
- whether it is paid
- what happens if the person who died is not a child or dependant
- what happens if somebody needs longer away
- how the employee’s return to work will be managed.
The new legislation provides an ideal opportunity to revisit those policies. Employers should consider whether they properly recognise different family structures, pregnancy loss, chosen family, close friendships and other significant relationships, as well as circumstances falling outside statutory definitions.
Inclusive Employers also provides guidance on supporting colleagues who are grieving, reinforcing the importance of viewing bereavement through an inclusion and workplace-culture lens rather than solely as an absence-management issue.
Consider paid bereavement leave
The new legislation establishes a statutory right to time away in more circumstances, but employers remain free to provide more generous arrangements. Many already offer paid compassionate or bereavement leave. That can remove the difficult choice between income and time to grieve. Recent research showing that two-thirds of employees value paid sick leave more highly than pay rises also underlines the importance workers place on financial security when life prevents them from working normally.
Train managers for difficult conversations
Policies matter, but someone’s experience will often be shaped by the response of their immediate manager. Acas recommends acknowledging the loss, asking what support somebody needs and finding out how – and how often – they want to remain in contact.
Managers should also establish what, if anything, the employee wants colleagues to know. Fair Play Talks has previously explored why manager training is critical to workplace mental health, with managers frequently expected to navigate sensitive situations without sufficient preparation. More recent research found only four in 10 managers feel adequately prepared for difficult workplace conversations.
Managers do not need to become counsellors. But they do need to know how to listen, show empathy, preserve confidentiality, offer flexibility and signpost support.
Don’t assume returning to work means grief has ended
Returning to work does not mean somebody has finished grieving. Acas stresses that employees may need additional support after returning, including around anniversaries or an inquest. Someone may feel capable of working immediately after a death and struggle several weeks later. Temporary changes to hours, workload, responsibilities or location may help. The important thing is for support to evolve with the employee’s circumstances rather than disappearing on the day they walk back through the workplace door.
Be compassionate and avoid ‘medicalising’ grief
Employers should also avoid automatically medicalising grief. Acas describes grief as a natural response to death rather than a mental-health problem in itself. However, some people can subsequently experience anxiety, depression or more complex mental-health difficulties requiring additional support.
Employee Assistance Programmes, counselling and occupational health can be helpful, but they should complement – rather than replace – compassionate management and appropriate time away from work.
Respect privacy
People should also retain control over how much they disclose. Acas advises employees that it is their choice how much information they share about a death and whether colleagues are told. That is particularly important following pregnancy loss, suicide, traumatic deaths or complicated family circumstances. The Government’s decision not to require evidence for the new statutory leave also reflects the importance of privacy and dignity.
Recognise cultural and religious differences
Grief and mourning can also look very different across cultures and faiths. An employee may need to travel overseas, attend religious ceremonies, observe particular mourning periods or fulfil responsibilities that do not fall neatly within an employer’s standard leave timetable.
Acas warns that employers must not discriminate when considering time off, including where somebody needs to attend a religious ceremony following a death. An inclusive bereavement policy therefore needs room for flexibility.
WHAT CAN EMPLOYEES DO IF THEY ARE GRIEVING?
For employees, even ordinary workplace decisions can feel difficult following a loss. Acas advises people to tell their employer as soon as they reasonably can if they need time away.
If they do not feel able to make contact themselves, a family member or close friend can do it for them. Employees can also decide how much information they wish to share. It can help to tell a manager or HR contact:
- how they would prefer to be contacted
- how often they want contact while away
- whether colleagues should be told
- whether colleagues may contact them
- what immediate support they need
- whether anything has changed that could affect their eventual return.
Employees should also check their contract and their employer’s bereavement, compassionate or special-leave policy. Grieving employees should also:
Ask for flexibility if you need it
Some people find that returning to work gives them structure and familiarity. Others need more time. Neither response is wrong. Employees who find work difficult following a loss can discuss temporary adjustments to hours, workload, responsibilities or location. A person whose parent or partner has died may suddenly have new caring responsibilities. A parent grieving the loss of a child may struggle with concentration.
Someone who has spent months caring for a relative with cancer may return physically exhausted as well as grieving. Employees experiencing anticipatory or dementia-related grief can similarly ask about Carer’s Leave, flexible working or other workplace support before a death occurs.
Use available support
Employees can also ask what wider support their organisation provides, including:
- Employee Assistance Programmes
- counselling
- occupational health
- mental-health support
- flexible working
- carers’ networks
- bereavement or peer-support groups
Acas also signposts specialist organisations including Cruse Bereavement Support, Child Bereavement UK, Hospice UK, Mind, the Miscarriage Association, Sands, Bliss and Sue Ryder. For dementia-related grief and caring, Alzheimer’s Society also provides specialist information and support. For people caring for someone with cancer, organisations including Macmillan Cancer Support and Marie Curie can provide practical, emotional and financial guidance for carers as well as support around serious illness, end-of-life care and bereavement.
That support can be particularly important for employees who are trying to balance work with hospital appointments, caring responsibilities and the emotional strain of supporting someone through treatment or a terminal diagnosis.
NEW RIGHTS AND WORKPLACE PROTECTIONS MATTER
The new rights represent an important expansion of workplace protection. They recognise that losing a partner, parent, sibling, adult child or pregnancy can profoundly affect someone’s ability to work – and that access to time away should not depend entirely on the goodwill of an individual manager.
But legislation can only go so far. It cannot define every relationship that matters, or determine how deeply someone should grieve. It cannot account fully for the employee grieving the parent who no longer recognises them because of dementia. Nor can it define the exhaustion of someone accompanying a partner through terminal cancer. And it does not automatically recognise the loss of a best friend, colleague, chosen family member or much-loved pet. As Kate Dearden put it: “No one should have to fight for time to grieve.”
For employers, the challenge ahead of April 2027 is therefore bigger than updating a policy. It is creating a workplace where someone dealing with death, loss or the gradual disappearance of the life they once knew does not also have to prove that their grief is significant enough to deserve compassion.
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