Breaking the stigma — a guide to miscarriage & employees’ legal rights at work

We know that the subject matter of this article may be upsetting — particularly to those who’ve experienced a pregnancy loss. Please be aware that this piece discusses miscarriages i.e. pregnancy losses before the 24-week mark.

Miscarriage is more common than many realise. The NHS estimates that one in eight pregnancies end in miscarriage and often happens even before the individual knows that they’re pregnant. Yet despite its prevalence, miscarriage remains a taboo topic in the workplace meaning that individuals can be left to grieve in silence.

For those who experience it, miscarriage can be physically painful, emotionally devastating and deeply isolating. That’s why breaking this stigma is vital. The narrative must change — otherwise, we risk isolating individuals (and their partners and families) and leaving them without much-needed support during such a difficult time. 

For employers and HR Directors, it’s a moment to show compassion — not just compliance. Creating space for grief, healing and dignity isn’t simply ‘good practice’. It’s an important human response.

Here, Heena Kapadi explains the legal protections available for employees who miscarry and the steps employers should be taking to ensure that their people are properly looked after.

What is a miscarriage in legal terms?

Legally, a miscarriage refers to the loss of a baby before 24 weeks of pregnancy. After 24 weeks, the loss is classified as a stillbirth, which carries different legal entitlements. A neonatal loss is when a baby dies within the first 28 days of life at any stage of the pregnancy (including before 24 weeks).

These distinctions are important, as many statutory protections apply only to stillbirths and/or neonatal loss.

What legal protections are in place for employees who miscarry?

Unfortunately, the legal framework offers limited protections for those who experience a miscarriage. 

For example, while Jack’s Law — introduced in 2020 — provides two weeks of statutory parental bereavement leave, this is only for stillbirths or the death of a child under 18. Employees and workers who face such sad circumstances might also be eligible for statutory parental bereavement pay. However, these rights don’t extend to miscarriage or neonatal loss before 24 weeks of pregnancy despite the comparable emotional impact.

The Government has amended the Employment Rights Bill so that parents who experience a pregnancy loss before 24 weeks (which includes miscarriage) will be legally entitled to one week of unpaid statutory bereavement leave to grieve their loss. 

The move — which will apply in England, Scotland and Wales — aims to break the stigma around miscarriage, acknowledge the emotional impact of pregnancy loss and ensure that no one is forced to return to work before they’re ready. Yet the details (such as eligibility and documentation) are still under consultation. We do know, however, that consultation on bereavement leave is expected in autumn 2025 with the right anticipated to come into effect in 2027.

Since the proposed leave is unpaid, it remains to be seen how many employees will be able to take advantage of this entitlement in practice, with financial pressures — especially during the current cost-of-living crisis — still presenting a barrier. Nonetheless, this change is a significant step towards recognising the need for time to grieve.

For now, it’s still the case that there’s no automatic right to time off following a miscarriage. Employees may need to rely on sick leave, annual leave or compassionate leave policies. In some cases, employees may seek to agree to a period of leave with their employer (either on a paid or unpaid basis) — but this relies on the employee feeling comfortable enough to disclose their pregnancy loss to their employer in the first place, which many may not feel able (or want) to do. This is particularly the case if they fear that their ‘card will be marked’ once their employer knows that they’ve been pregnant and/or are trying for a baby.

Enhanced miscarriage support & the Equality Act

Some employers do offer enhanced support. For HR leaders, this presents an opportunity to lead with empathy. A clear, supportive policy that goes beyond statutory minimums and offers genuine flexibility can make all the difference to someone who’s navigating grief.

Employers should also be mindful of the Equality Act 2010. If a miscarriage results in a long-term physical or mental impairment, it may be considered a disability. In this case, the employee would be protected from suffering discrimination — whether directly, indirectly or from anything that arises as a consequence of their disability. The employer would also be under a duty to make reasonable adjustments for that employee.

Furthermore, poor and unfavourable treatment of employees who’ve experienced a miscarriage could give rise to claims for sex and/or pregnancy discrimination.

Employers should be careful not to discriminate against employees due to a pregnancy or a wish to become pregnant. Employers who, for example, pass over employees for promotion opportunities based on assumptions that they’ll want to try and get pregnant again following a miscarriage will be acting unlawfully.

Going back to work after a miscarriage — what’s the process?

Returning to work after a miscarriage can be daunting. Some may prefer to keep their experience private, while others may seek support. There’s no one-size-fits-all answer when considering a return to work, so employers should offer confidential conversations, phased returns, support for any resulting health condition and access to counselling where possible.

Creating a safe space for employees to share their needs is key. HR professionals and line managers should be trained to respond with empathy and discretion. The goal is to meet people where they are — not where policy says that they should be.

Where to find support for miscarriage

No one should have to navigate miscarriage alone. 

Several organisations offer guidance and emotional support, including:

• Miscarriage Association.
• Tommy’s (pregnancy and baby charity).
• Sands (pregnancy and baby loss charity).
• Mind (mental health charity).

Employers can also signpost internal resources such as their Employee Assistance Programmes and mental health first aiders (if applicable).

We’re here — talk to us

Miscarriages are a sensitive and difficult topic. However, by getting the conversation going and raising more awareness of miscarriages and their impact in the workplace, we can break the stigma together and ensure that employees and their families are properly supported and taken care of during these difficult times.

If your organisation requires guidance and advice in relation to supporting staff affected by miscarriage — whether this is to get started on implementing policies and procedures or a specific employee matter — talk to our award-winning employment team. 

We also advise and guide individuals who have miscarried or are affected by miscarriage and are facing issues in their workplace.  

Call us on 0333 004 4488, email hello@brabners.com or complete our contact form below.