Note that this applies to the Employment Rights in Great Britain and does not include provisions relevant to Northern Ireland.
Currently, employees only have a statutory entitlement to bereavement leave if they are bereaved of a child up to the age of 18 or have a stillbirth after 24 weeks of pregnancy. The entitlement to be paid depends on qualifying criteria. In short:
- Statutory Parental Bereavement Leave is a day one right, if the employee has given their employer the appropriate notification;
- Statutory Parental Bereavement Pay is a conditional right and the employee must have 26 weeks continuous service, earnings above the Lower Earnings Limit and have given the appropriate notification
Clause 18 of the Employment Rights Bill will change all of this. In short, the words ‘parental’ will be removed and changed to ‘person’ i.e. leave and pay will be available to employees that are bereaved of a person rather than the current situation (a child up to the age of 18 or stillbirths after 24 weeks of pregnancy). The following will be decided by secondary legislation in the form of Regulations:
- Eligibility – i.e. who should be eligible for bereavement leave and under what circumstances;
- When and how leave can be taken – i.e. the practical aspects;
- Notice and evidence requirements – i.e. the procedural and administrative requirements that employees and employers will have to adhere to
The above are subject to a consultation which opened on 23 October 2025 and closes on 15 January 2026. There are three ways in which to respond to this consultation:
1. Online - https://ditresearch.eu.qualtrics.com/jfe/form/SV_7QfhVr8zdTihX0y;
2. By email – to : bereavementleave@businessandtrade.gov.uk;
3. By post – to the Department for Business and Trade in London
For Bookkeepers
Parents who are bereaved of a child will still be eligible; however, the legislation widens the scope to include other people, for example, members in families, blended families, extended families and chosen families.
The UK Government’s ‘Implementation Roadmap’ says that the new statutory leave entitlement, which may be paid, will be implemented in 2027. This consultation is our opportunity to shape the reform or, at least, express our views
