Grief does not arrive neatly outside working hours, and it rarely stays separate from professional life. That is why the government’s consultation on bereavement leave has been such a meaningful development. The consultation, led by the Department for Business and Trade, closed on 15 January, and the government is now reviewing the feedback.
This sits alongside a wider shift in the legal landscape. The Employment Rights Act became law on 18 December 2025, and creates a new day-one right to unpaid bereavement leave, with the details to be set out in secondary legislation. The government’s updated implementation timetable indicates that bereavement leave, including pregnancy loss before 24 weeks, is expected to be brought in during 2027, giving employers some time to prepare for this development.
The consultation is a welcome step towards recognising the reality of loss in the workplace. The proposal is especially significant because it includes, for the first time, a statutory right to time off for pregnancy loss before 24 weeks. This is a significant development in relation to something which has long been inadequately recognised in our employment law. Currently, support after pregnancy loss depends on the goodwill and individual decision-making of employers, which can lead to inconsistent outcomes for employees in similar circumstances. A statutory baseline helps everyone approach difficult conversations with shared expectations and respect.
It is also important to recognise what is still being worked through. The consultation is about the principle of a right to leave and how it will operate in practice. That includes who qualifies, how much leave is available, when it can be taken, what notice should be given, and what evidence, if any, is appropriate. Getting these details right will shape both the employee experience and the impact on employers.
For small and medium-sized businesses, this is a prompt to review how bereavement is handled day-to-day. Many organisations already offer flexibility, but policies and what happens in practice do not always match.
Managers need to feel equipped to respond sensitively and consistently, maintain confidentiality, and support the employee while balancing team needs. Practical steps can include training managers on using the appropriate language, agreeing on how absence is recorded discreetly and being clear about when HR should be involved.
From a benefits perspective, employers should also consider how this links to absence management, wellbeing support and employee assistance programme signposting, so employees are guided to help when they need it most.
Although the proposal focuses on unpaid leave, it is ultimately about establishing a shared baseline of understanding and dignity. When handled thoughtfully, these changes have the potential to create workplaces where compassion sits alongside compliance, and where support is consistent across teams and locations when life takes an unexpected turn.
Nicole Adams is a senior employment solicitor at Harper James
