Read more articles in: Amanda Hyam, Blog, Employment Law

Preparing a clear bereavement leave policy – A quick guide for employers

Most employees will experience the loss of a loved one during their working life.

Recent research from a UK bereavement service Empathy has revealed that nearly half (48 per cent) of employees would leave their job due to inadequate bereavement support.

With this issue clearly being such a significant consideration for employees in choosing a workplace, employers need to review their policies to ensure they are supporting their staff the best they can.

How does bereavement affect employees in the workplace?

The recent study found that there was a growing gap between what grieving employees need and the support they currently receive from their employer.

92 per cent of respondents stated that they placed high value on the bereavement benefits, such as compassionate support, that they receive at a company.

Bereavement even ranked above many traditional benefits, such as parental leave, when employees evaluated what mattered most when choosing an employer.

The research also underlined the impact that grief has on performance in the workplace. As within a year of a loss, 30 per cent of employees struggled to concentrate regularly and 27 per cent said they were less productive.

What policy changes are coming for bereavement leave?

The Employment Rights Act 2025 will introduce a new statutory bereavement leave entitlement and this is expected to take effect in 2027.

For the first time, employees will have a day-one right to take unpaid bereavement leave following the death of a loved one, including pregnancy loss.

The Act sets a minimum of one week’s leave, which must be taken within a 56-day period, and provides protection against dismissal or redundancy related to bereavement leave.

The new law will offer employees additional rights, but it still leaves room for employers to implement fair and consistent policies that supports their staff.

What are the current laws on bereavement in the UK?

Under current UK law, there is no general statutory right to bereavement leave for all employees after the death of a loved one.

Employees do have a legal right to take a reasonable amount of unpaid time off to deal with emergencies involving a dependant, such as a spouse or partner, child, parent or someone who relies on them for care.

This can also include making funeral arrangements or dealing with matters arising from a death.

However, the law does not define what constitutes as a reasonable amount of time off and this can vary depending on the circumstances.

For eligible parents who have lost a child under 18 years old or experienced a stillbirth after 24 weeks of pregnancy, they are entitled to two weeks of Parental Bereavement Leave (also known as Jack’s Law).

This leave may be paid but bereavement-related absences generally fall under the rules for dependant leave.

As a result of these limited statutory rights, many employees rely on annual leave or take unpaid leave when experiencing a death.

How can employers support bereaved employees?

Employers can go beyond statutory support and implement policies that support their staff’s wellbeing and improves retention.

These approaches could include:

Clear bereavement and compassionate leave policies that set out the amount of leave, whether it is paid and how notice and return-to-work arrangements work.
Flexible working options such as adjusted hours or remote work during early stages of grieving.
Training managers so that they can respond sensitively and understand the procedures in place for bereaved staff.
Employee support services, including counselling or access to wellbeing resources.
Open communication and office culture that normalises asking for help and acknowledges grief.

Supportive policies will show employees that you value your team and this can improve morale and limit the risk of burnout or long-term absence.

How can we help you create a supportive policy?

Supporting employees during bereavement can be overwhelming and you may be unsure if your policies are fair.

Employers should seek legal support to review their bereavement policies and prepare for the upcoming Employment Rights Act changes.

Our expert team can help ensure your policies are clearly drafted in your contractual terms and employee handbooks.

With bereavement leave becoming a valued benefit in the workplace, employees should act now to protect their employees and business.

To learn more about how to prepare bereavement policies, speak to our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.