ACAS has recently published new bereavement guidance to help employers understand the rights of bereaved individuals and to provide advice about how to deal with bereavement in the workplace.
It covers a variety of specific bereavements (such as the death of a dependant, child, stillbirth and miscarriage) as well as deaths that fall beyond the scope of these set categories. The aim is to encourage employers to handle these situations in a sensitive, compassionate and practical manner.
The death of a loved one causes extreme distress and can have immediate implications (at the time of bereavement) as well as longer term repercussions. The guidance, rightly, encourages sensitive communication with bereaved employees and warns against discriminating against those suffering a bereavement when organisations consider time off and support.
Who has the right to time off?
The new advice clarifies that anyone classed as an ‘employee’ has the right to time off if a ‘dependant’ dies, or their child is stillborn or dies under the age of 18.
For this purpose, a ‘dependant’ could be:
- their spouse, partner or civil partner;
- their parent;
- their child (if under 18);
- someone who lives in their household (not tenants, lodgers or employees);
- someone who would rely on them for help in the event of an accident, illness or injury, such as an elderly neighbour; and/or
- someone who relies on them to make care arrangements.
Whilst a right to time off applies in these circumstances, unless the dependant is the employee’s child, there is no legal right for the time off to be paid (although some employers may choose to offer pay in these circumstances).
There is also no prescribed period of time off to be given when this right applies, but the amount of leave given must be “reasonable”. This includes allowing the employee time to deal with emergencies involving the dependant and to arrange the funeral etc.
Additional rights if the dependant is the employee’s child
Employees have a right to two weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. This is called 'parental bereavement leave'.
It should be noted that in situations where an employee experiences a stillbirth (the loss of a baby after 24 weeks of pregnancy), additional rights to maternity and/or paternity leave apply (we discuss this is further detail in our blog on stillbirth). The employee would then be entitled to two weeks of parental bereavement leave after they finish their maternity or paternity leave.
Advice for employers dealing with anyone who has suffered a bereavement
Regardless of whether an employee has a right to time off, the new guidance suggests that employers should be compassionate towards a person's individual situation and consider that, even if the person who has died is not related to them (or classed as a “dependant”), they might be closely connected, and their death could have a serious impact on the individual.
It also urges employers to be mindful that the impact of the bereavement could be longer term and the employer should check in with anyone affected later on.
The guidance also makes it very clear that it is a good idea for organisations to have a clear bereavement policy in place. Of course, a key first step (when dealing with any workplace matter) is for employers to check their own policies and to use this as a guide. Most policies should cover the basics which include: -
- when leave for bereavement could apply;
- how much leave the organisation provides; and
- if leave is paid, and the amount of pay.
Whether or not a policy is in place, ACAS recommends that employers:
- be sensitive and understanding to what each person might need at the time (noting that everybody experiences and deals with bereavement differently);
- consider the person’s physical and emotional wellbeing at the time and once they return to work.
In circumstances where there is no legal right to time off, and the employer does not offer compassionate leave, the guidance recommends that employers consider the use of annual leave, sick leave or unpaid leave to support bereaved employees.
How we can help
Managing bereavement in the workplace can be a sensitive issue, given that it is a highly emotional time for those affected and grief is a very individual experience.
If your organisation requires support and advice in relation to managing bereavement in the workplace, whether this is to get started on implementing policies and procedures or a specific employee matter, please get in touch with a member of our Employment Team who will be able to assist.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
