Search

How can we help?

Icon

Coping with bereavement in the workplace

The UK is currently in a period of national mourning following the death of Her Majesty Queen Elizabeth II on 8 September. It is due to come to an end on 19 September, when the Queen is laid to rest at a state funeral.

The Queen’s death has opened up conversations about bereavement and grief in the workplace, and now is an appropriate time for employers to ensure that they are fully comfortable with how bereavement can affect their employees and what policies are in place to support them.

The law

From a legal point of view, there is no statutory right to ‘bereavement’ or ‘compassionate’ leave, but there are instances where employees are entitled to time off following a death:

Time off for dependants

Employees are entitled to ‘reasonable’ time off work ‘as a consequence of’ the death of a dependant. This includes:

  • Spouse/civil partner
  • Child of the employee
  • Parent of the employee
  • A person who lives in the same household as the employee (who is not a tenant/lodger/boarder or employee)

This right is designed to give the employee time to deal with the ‘logistical’ issues that arise following a death, such as making arrangements for a funeral and dealing with probate. This leave is not paid.

As there is no guidance as to what amount of time is ‘reasonable’, this will be for the employer and employee to discuss and agree on, but employers should note that any potential inconvenience/disruption to their business is not a factor that should be taken into account.

The Queen’s death has opened up conversations about bereavement and grief in the workplace, and now is an appropriate time for employers to ensure that they are fully comfortable with how bereavement can affect their employees and what policies are in place to support them.

Parental bereavement leave

Parents have the right to take either one or two weeks off work (which can be taken consecutively or separately) following the death of a child under 18, or a stillbirth after 24 weeks. There is no qualifying service required and the leave may be taken at any point in the 56 weeks following the child’s death. An employer cannot refuse a request to take parental bereavement leave.

This right is available to:

  • legal parents (including adoptive parents),
  • a prospective adopter with whom the child had been placed,
  • an intended parent under surrogacy arrangements,
  • a parent ‘in fact’ (who looked after the child in their home for the last four weeks but was not a paid carer) and
  • the natural parent of an adopted child if there is a court order for the child to have contact with the natural parent.

The right also covers the partner of the above.

If the bereaved parent has at least 26 weeks’ service at the date of death and earns at least the lower earnings limit for class 1 NICs, they will also be entitled to Statutory Parental Bereavement Pay.

Practical guidance

Support should be available to employees at all stages of the grieving process.

  • On first becoming aware an employee has suffered a bereavement, employers should offer condolences, ensure the employee knows that they do not have to work if they do not wish to, and offer ways to keep in touch/cover work while they are out.
  • When discussing time off with employees, employers should be aware of their organisation’s policy (such as offering paid time off or using a combination of holiday/sick/unpaid leave) and what has been offered on previous occasions to other employees (to make sure everyone is treated fairly and avoid discrimination).
  • To help the employee return to work, it is useful to have an open discussion about how the employee is coping, whether they need access to external support or any adjustments to their duties. This may be immediately after they return, or around events such as anniversaries and birthdays.

If you or your business needs advice on any aspect of bereavement in the workplace, our Employment team is more than happy to assist.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 12 February 2025
  • Employment

Balancing the Equality Act: Lessons from Higgs v Farmor’s School

The Court of Appeal have today issued a judgment in the Kristie Higgs v Farmor’s School case, in which it has ruled that the actions of the school in dismissing Ms Higgs for expressing LGBT+ critical posts on her personal Facebook account, was unlawful discrimination on the grounds of religion or belief.

art
  • 10 February 2025
  • Employment

New right to Neonatal leave and pay to commence in April 2025

The Government has recently announced a new right to neonatal leave and pay to be introduced from 6 April 2025.

art
  • 03 February 2025
  • Employment

Indirect discrimination: How mandated office returns could discriminate against working mothers

In this article though, we will focus on one of the biggest potential hurdles, and the one that is garnering the most media attention and the most criticism. Is a return to work policy discriminatory on grounds of sex?

art
  • 20 January 2025
  • Employment

AI Opportunities Action Plan – The impact of AI on employment

The Government has announced its ‘AI Opportunities Action Plan’ in which it plans to increase the use of AI across the UK to ensure the UK is a world leader in the field. 

art
  • 14 January 2025
  • Employment

Is this the end of working from home?

In this article, we explore what legal rights employees and businesses have in this context as well as considering more commercial factors.

art
  • 08 January 2025
  • Employment

Round-up of employment law changes in 2024 and what to look out for in 2025

In this article, we will take a whistlestop tour of the various key employment law and case law changes that have taken place this year and then we will highlight what to expect in 2025.