A New Statutory Right to Bereavement Leave
Expanding Bereavement Leave Rights
The Employment Rights Act 2025 introduces a significant new statutory right to bereavement leave, formalising support for employees experiencing loss. This includes a crucial provision for those affected by miscarriage before the 24th week of pregnancy, marking a progressive step in workplace compassion and support.
Is Your Business Ready for the Biggest Shift in Employment Law?
What's New? Key Changes to Bereavement Leave
New Statutory Right: Expected in 2027, the Act introduces a broad statutory right to unpaid bereavement leave, formalising an entitlement previously often discretionary.
Miscarriage Provision: A key development is the extension of bereavement leave to employees who suffer a miscarriage before the 24th week of pregnancy, providing much-needed support during such difficult times.
These changes will establish a legal minimum entitlement for bereavement leave, requiring all employers to recognise and provide this support.
How to Prepare
Review and Update Policies: Check your current compassionate and bereavement leave policies. You will need to ensure they meet the new statutory minimums once they are fully defined.
Include Miscarriage in Your Policy: Proactively update your policies to explicitly include leave for miscarriage, in line with the Act's provisions.
Train Line Managers: Ensure managers are aware of the new rights and handle requests for bereavement leave with sensitivity and in accordance with the law
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Introducing a Legal Right to Leave
For the first time, the Employment Rights Act 2025 will introduce a broad statutory right for employees to take bereavement leave. While many employers offer this on a contractual or discretionary basis, the new law, expected in 2027, will create a legal minimum entitlement.
This builds on the existing right to parental bereavement leave, but extends it to cover a wider range of circumstances. It is expected that this new leave will be unpaid.
Leave for Miscarriage
A key extension in the new Act is the right for employees who suffer a miscarriage before the 24th week of pregnancy to take bereavement leave. This is a significant development in recognising and supporting employees through pregnancy loss.
What Does This Mean for Employers?
While many organisations already provide compassionate leave, the creation of a statutory right means all employers will have a legal obligation to grant time off for bereavement.
Employment Rights Act 2025 Download a summary
After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.
Prepare for the Employment Rights Act 2025
The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.
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