How to support your employees through bereavement

This week is National Grief Awareness Week (2nd-8th December 2024). 

Grief is a natural response and affects everyone differently.  It can trigger both physical and emotional responses. Employees that are struggling with grief may be unable to vocalise their concerns.  It is important that employers can recognise when an employee is struggling and have the skills and knowledge to provide them with support to help manage their health and wellbeing during their time of need. 

Grief doesn’t just affect individuals.  It ripples through the workplace, impacting productivity, increasing levels of sickness absences and affects the workforces moral and work relations.   

We will all at some point in our lives experience grief.  Many employees feel pressure to return to work before they are truly ready. Many grieving employees do not feel supported when they return to work. Research suggests that only 17% of managers feel confident supporting grieving colleagues and 77% of employees aged 18-34 would consider leaving their job if they felt unsupported after a loss.

During national grief week we are encouraging employers to focus on how they can support grieving employees, to carefully consider their legal obligations and review their bereavement policies.

The Law

An employee is permitted time off if a dependant dies. A dependant could be:

• their husband, wife, civil partner or partner

• their child

• their parent

• a person who lives in their household (not tenants, lodgers or employees)

• a person who relies on them, such as an elderly neighbour

There's no legal right for time off for dependants to be paid, but some employers might offer pay. This is commonly referred to as special or compassionate leave.

The law does not say how much time can be taken off if a dependant who is not someone's child dies. It simply says the amount should be 'reasonable.'

Employees have a right to 2 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.'

Regardless of whether an employee has a right to time off, employers should be compassionate towards a person's individual situation. The person who has died might not have a biological or legal connection to the employee but might still be closely connected to them.

Employers should:

• Check their bereavement policy.

• If there is not policy Employer’s should discuss with the employee what type of leave for bereavement is available, how much time off is available and whether the leave will be paid or unpaid

• The time off could be treated as sick leave, or if the employee requests, could be taken as holiday. Employers should be consistent and clear with the approach they take to supporting employees and confirm any decisions with their employees in writing.

• Employers should not discriminate against employees when deciding on time off. For example, not allowing an employee to attend a religious ceremony after a death could be indirect religious discrimination. Employers and employees should agree together how an employee takes time off for both religious and non-religious funerals.

The Employment Bill that was recently published sets out a wide range of workplace reforms.  Family friendly reforms including proposed changes to statutory bereavement, paternity and parental leave at are the top of the agenda and so it is important that employers keep abreast of any legislative changes and keep their policies under review.

If you are unsure, then seek timely advice.  We have a team of experienced lawyers at Lawson West who can provide help and support to you.

Please call us on 0116 212 1000, or complete our free Contact Us form and we will get in touch as soon as possible.

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