As workplace legislation undergoes significant change, the Employment Rights Bill (2025) has been, and remains, a significant source of concern for employers since its introduction last year.
Proposed changes, such as making unfair dismissal a day one right along with the restrictions on zero-hours contracts, have caused understandable consternation for employers, particularly given the ongoing degree of uncertainty around the detail of the proposals. The most recent legislation to increase rights to bereavement leave due to pregnancy loss, however, is not such a cause for concern.
The entitlement to bereavement leave will now apply to any miscarriage or pregnancy loss, not just losses after 24 weeks as under the current legislation. However, crucially, the bereavement leave for pregnancy loss prior to 24 weeks will be unpaid.
As such, the risk of employees abusing the system is minimal, especially because of the highly sensitive nature of these cases. As this change is implemented, employers should not be concerned about any negative effects, but instead recognise the positive impact it will have on many businesses.
Employers will nonetheless need to review their policies relating to bereavement leave to ensure compliance with the new legislation, and properly communicate the changes to their staff in due course. While this change will ensure employees are supported during miscarriage with regards to leave, employers can also look for ways to provide support beyond the new legislation.
Offering support to individuals who are experiencing pregnancy loss will allow employers to communicate their internal policies clearly, identify appropriate ways to check in with staff during their leave and make any adjustments as necessary upon their return.
Ultimately, being open and sympathetic towards employees experiencing pregnancy loss will help to foster a culture of honesty, allowing these changes to be put into practice as a positive step for the workplace.
Matt McDonald is an employment partner at Shakespeare Martineau
