Consultation On Bereavement And Pregnancy Loss Leave Under The UK Employment Rights Bill

On 23 October 2025 the UK Government published four consultation papers on aspects of the Employment Rights Bill (the 'Bill'), including a consultation on leave for bereavement both generally and after pregnancy loss. We consider below what the consultation paper tells us about the Government's intentions once the new law is in force.

The Bill provides for amendments to UK employment legislation, to give employees a right to at least one week of unpaid bereavement leave when a person dies provided that certain conditions are met as to the relationship between the employee and the person who has died. It also provides for bereavement leave when pregnancy loss occurs and defines 'pregnancy loss' as:

• the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth (thus capturing miscarriage and abortion); or
• the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990.

The Bill also provides a window of at least 56 days in which an employee can take bereavement leave, and stipulates that there must be protection against unfair treatment or dismissal as a result of taking leave and protection of contractual rights whilst on leave.

The consultation seeks views on:

• eligibility criteria;
• types of pregnancy loss in scope;
• when and how bereavement leave can be taken;
• notice and evidence requirements.

It is set out in three sections:

Part One: Eligibility

This section asks questions about who should be eligible for bereavement leave, and under what circumstances. This includes specific questions on different types of pregnancy loss.

Part Two: When and how Bereavement Leave can be taken

This section explores practical aspects of taking bereavement leave including for pregnancy loss. It asks questions about flexibility, timing, and the start and end dates of the entitlement period.

Part Three: Notice and Evidence Requirements

This section asks questions about the procedural requirements for accessing bereavement leave, including what notice must be given and what evidence may be required. This section also includes a question on possible further policy steps the Department can take to support employers.

Comment

The Government is proposing to extend significantly the existing right to bereavement leave by making it available to all employees (at present it is only available to bereaved parents). The consultation exercise provides employers with an opportunity to contribute and share their experiences and views on a potentially sensitive subject.

There are important questions in the consultation paper, including about the kinds of family relationship that should give rise to the entitlement, when it should be possible to take the leave and what evidence an employer should be able to seek.

As regards pregnancy loss, the consultation paper recognises that this can arise in a range of different circumstances and queries whether the leave should be available in all of them. It also acknowledges that more than one person might be affected by pregnancy loss. Hence there are questions about whether anyone other than the person who has physically experienced the loss should be eligible for leave.

The consultation closes on 15 January 2026. If you have any views that you would like the employment team to express on your behalf during the consultation exercise please don't hesitate to get in touch. If you would prefer to respond directly you can do so using this link.

Read more about the proposals for enhanced dismissal protections for pregnant women and new mothers.

This article is authored by Christina Morton, senior knowledge lawyer in our UK employment team.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.