24 September 2026 
Emma Walton-Pond, Communications Officer
The Employment Rights Act 2025 introduces a new day-one right to unpaid bereavement leave, meaning employees who suffer the loss of a loved one, including those who experience pregnancy loss before 24 weeks, will have a guaranteed entitlement to take time off work. The
government recently consulted on the detail to be set out in secondary legislation and the results were published this week. The measures will come into force in April 2027.
In this blog, we look at key aspects of the new right and what universities can be doing now to prepare for the changes.
Existing regime
The new right to bereavement leave sits alongside two existing entitlements that universities should already be familiar with:
• Parental bereavement leave: Two weeks’ paid leave available to employees following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. This right, introduced by the Parental Bereavement (Leave and Pay) Act 2018, remains unchanged.
• Bereaved partner’s paternity leave: An entitlement to up to 52 weeks’ unpaid leave where a child’s primary carer dies. This came into force on 6 April 2026.
New right to bereavement leave
Eligibility – General
The new right to leave will be available to employees who experience a bereavement of a spouse, civil partner, partner in a committed long-term relationship whether cohabiting or not, parent, adult child or sibling (in each case including biological, adopted, step and half), plus any equivalent parental relationship arising from kinship and foster care.
Eligibility - Pregnancy loss
Leave will also be available for all types of pregnancy loss before 24 weeks, including: all types of miscarriage (including molar, ectopic, and chemical pregnancies); all terminations; and IVF embryo transfer loss (though not IVF embryo loss pre-transfer).
The following people will be eligible to take leave for pregnancy loss: the person who was pregnant; a spouse, civil partner, the other parent, or partner in a committed long-term relationship; an intended co-parent; and intended parents in a surrogacy arrangement.
Taking leave
Employees will be entitled to up to two weeks of leave, prorated to the employee's usual working pattern. For example, an employee who works Monday to Friday will be entitled to 10 working days, while an employee who works Monday and Tuesday will be entitled to four working days.
Leave can start on either the date of death or pregnancy loss, or the date of knowledge of the death or pregnancy loss, whichever is applicable. It can be broken up, provided that each ‘block’ is at least one day long, and can be taken within 56 weeks of the death or knowledge of the death or pregnancy loss.
Remuneration
The leave is unpaid and it will be at employers' discretion whether to enhance the entitlement by offering pay.
Notice and evidence requirements
For the first eight weeks of bereavement, notice should be provided before the employee starts work on the day they intend to take leave, or as soon as reasonably practicable. Thereafter, one week's notice should be given. Any form of notice will be acceptable such as phone call, text, WhatsApp, email etc.
No evidence is required. The government concluded that requiring evidence would place an undue burden on employees and restrict access to leave, particularly in cases of early pregnancy loss where there may be little or no documentation available.
Employment protections
The entitlement includes protection against unfair treatment and dismissal for taking bereavement leave, and the preservation of contractual rights during leave.
Guidance
The government will publish guidance to
ensure employers and employees are fully aware of their rights and
responsibilities. The government has stated it will also work with stakeholders
to understand the possible risk of abuse and explore avenues to mitigate this
within the regulations.
Steps for universities to take
Review existing bereavement and compassionate leave policies.
It is important that universities review existing policies against the new statutory framework to ensure they are compliant. Universities should make sure, in particular, that they explicitly cover pregnancy loss (including miscarriage, ectopic pregnancy, molar pregnancy, IVF-related loss, and medical termination) and extend to partners and intended parents.
Consider enhancing the statutory minimum.
The new right provides a floor of unpaid leave and the consultation response encourages employers to consider offering more generous rights. Many universities already provide contractual bereavement or compassionate leave that goes further than the proposed statutory minimum. Those that do not should consider doing so, for example contractual pay during bereavement leave, which may help support lower-paid staff groups and demonstrate a genuine commitment to employee wellbeing.
Update HR procedures and template contracts.
Ensure that employment contracts, staff handbooks, and HR process documentation are updated to reflect the new entitlements, building in flexibility to accommodate the range of leave options (single block, discontinuous weeks, individual days) permitted under the legislation.
Invest in line manager training.
Front-line managers in universities, whether heads of department, programme leaders, or team supervisors, are often the first point of contact for a distressed employee. Ensuring that managers are aware of the new rights, understand the university’s policy, and are equipped to respond with sensitivity and compassion will be critical to making the new provisions work well in practice. Managers should know what leave employees are entitled to, what support is available, and how to signpost employees to further help.
Engage with trade unions early.
If appropriate, consider opening discussions with unions now about how the new rights will be implemented. Early engagement is likely to lead to better outcomes than waiting until the regulations are in force and then negotiating under pressure.
Strengthen wellbeing support
Bereavement leave is only one part of the support that an employee may need. Review the availability and visibility of your employee assistance programme (EAP), counselling services, and occupational health provision. Consider whether specific support pathways are needed for pregnancy loss, which employees may find particularly difficult to discuss in the workplace.
Tom Long, Partner
Susannah Nicholas, Professional Support Lawyer
Important information Shakespeare Martineau
This article provides general guidance only and should not be treated as legal advice.
