Bereavement is a topic that no one wants to deal with, let alone discuss in the workplace. However, research shows that one in 10 employees are likely to be affected by bereavement at any one time.
Current position
Surprisingly, the UK is behind many other countries by not offering a statutory right to bereavement leave. For example, Albania currently offers five days, Israel seven days and Canada three days. Some employers will offer employees compassionate leave in these circumstances. However, how long is at the employer's discretion. Five days is currently the average paid leave employees are given. Employees therefore have to rely on other means, such as sick leave or unpaid time off. There is therefore still a significant gap in the law as to how employers should help employees at this difficult time.
Employers should also consider how their policies may affect employees with religious beliefs and ensure that their leave policy does not discriminate. For example, some religions have different beliefs and cultures surrounding bereavement and therefore some employees may need more time off work. In Hinduism, relatives must observe a 13-day mourning period after cremation. Similarly in Judaism, family members do not go to work and stay home for seven days following a death. Unless an employer could objectively justify refusing the longer leave required, this may amount to indirect religious discrimination under the Equality Act 2010.
Potential changes in the law
Following research by the National Council for Palliative Care, the Parental Bereavement Leave (Statutory Entitlement) Bill 2016-17A will seek to deal with the circumstances following the death of a child. The bill has now received its second reading debate in October 2016 and would introduce a two-week statutory paid leave for employees who suffer the loss of a child. While under the current law, a parent of a stillborn child would be granted leave, a parent who loses a five year old would not. This Bill therefore tries to reflect and balance this clear inconsistency in the law.
Whereas most employers would be sympathetic in such a terrible situation, the Bill, if enacted, would create certainty for both employer and employee. If introduced, this Bill will make the UK one of the most generous jurisdictions for bereavement leave, above the countries quoted above.
What can employers do at the moment?
While we wait for any statutory provisions on bereavement leave, employers looking for more support and guidance can consider Acas's helpful guide. Acas comments that while bereavement in the workplace can be challenging to manage, a compassionate and supportive approach demonstrates that an employee is valued and supported. Consequentially, this should help to reduce sick leave and improve employee retention.
An employer should always consider its duty of care to employees and should try to deal with each individual on a case-by-case basis. Each employee will go through the grief process differently, and so Acas suggests this needs to be understood and respected by both employers and colleagues. For example, some people may want to return to work quickly, whereas others may need more time and support.
The Acas guide also offers support for various scenarios, including the death of a family member, death of a child and death of a colleague. Within this, it sets out a list of steps employers should consider implementing in the early days after an employee's bereavement. For example, how much contact and dialogue to have with the employee, whether they want colleagues to know and contact them, and how to review and readdress the situation after the initial grieving process.
Employers should also consider any amendments to working arrangements following a bereavement. For example, the death of a spouse may lead to a request for part-time or flexible working to deal with child care arrangements. Employers should be mindful of any requests and determine how they can accommodate them.
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