When not all is merry and bright – dealing with grief at work
The first week in December was National Grief Awareness Week (NGAW). Founded by the Good Grief Trust, the NGAW is a campaign aimed at normalising conversations about grief and raising awareness – not simply in the workplace. It was timed in 2025 with the festive period in mind, noting that this can be a particularly difficult time for those who have lost a loved one. Christmas and other holidays can be a reminder of the loss, making “joyous” events difficult to attend, which employees may deal with in different ways. It may also be a time when a traumatic or sudden loss has occurred so that the ringing in of a new year is no celebration, including the deadly New Year’s Eve fire at Le Constellation bar in Crans-Montana, Switzerland.
As employees deal with the immediate aftermath of a loss where there may be the worry of how to cope with a return to work whilst dealing with their grief and, for some, managing the grief of other dependent children or family members at the same time.
From research carried out by Sue Ryder and Marie Curie, it is understood that around a quarter of employees has experienced a bereavement. Of those, around one in six (or 2 million employees) suffered an intense grief, affecting ability to work and sometimes leading to other physical and mental health conditions.
Workplace Bereavement Policies
Everyone deals with grief differently and there is no set timeline so it can be difficult for employers to have a fixed policy on it. For some employees, a return to work provides a sense of normality and routine at a time when life going on as normal may seem unfathomable. For others it is simply not a possibility for a while, whether because of their own grief or managing circumstances at home including the care of dependents who are also grieving. Employers should consider what changes may reasonably be accommodated to support and facilitate the employee’s return to normal duties and their recovery.
Communication on individual needs is essential and it may be appropriate to apply flexibility for a period, such as reduced working hours or workload, recognising that short breaks or “breathers” may help to manage triggers which might come at unexpected time, notifying employees of any support systems offered such as Employee Assistance Programmes.
Having a policy on bereavement which encourages communication and support provides a framework for ensuring clarity and reassurance.
What is the current entitlement to bereavement leave?
Not much is the short answer. Since April 2020, eligible working parents have been entitled to two weeks’ statutory parental bereavement leave following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. This leave can be taken as a single block or as two separate weeks within 56 weeks of the child’s death. Employers can recover most or all of this payment from HMRC. It is a day one right. “Parent” includes an adoptive parent, prospective adopter, intended parent under surrogacy, a parent in fact (who has been looking after the child in their own home), or that person’s partner. It does not include a paid carer. The leave is paid at the rate of statutory paternity pay or shared parental pay provided the employee has at least six months continuous service and their normal weekly earnings are at least the lower earnings limit. Otherwise, the leave is unpaid.
In additional to parental bereavement leave, employees are entitled to take a reasonable amount of time off work to deal with emergencies involving dependants, which includes the death of a dependant. This is part of the general right to ‘time off for dependants’, rather than being specifically directed at bereavement. There is no specific period prescribed for such leave and it is usually unpaid, unless otherwise stated in a workplace policy.
Bereavement: is there a duty to make reasonable adjustments?
Under the Equality Act 2010, “disability” is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. ‘Substantial’ means more than minor or trivial, and ‘long-term’ means lasting or likely to last at least 12 months. Although bereavement itself is not classified as a disability under the Equality Act, if an employee develops a physical or mental health impairment because of bereavement, such as depression, this condition may meet the definition of disability. Employees may suffer panic attacks, anxiety, PTSD, loss of sleep, loss of appetite for a long period, possibly more so in circumstances of sudden bereavement or where the loss has been in traumatic circumstances.
Employers have a duty to make reasonable adjustments for employees who are disabled and this duty arises when a disabled person is placed at a substantial disadvantage compared to non-disabled colleagues due to a “provision, criterion, or practice” (PCP). Reasonable adjustments might include changes to working hours, modifying duties, providing additional support, or allowing time off for medical appointments. Employers should therefore be sensitive to the ongoing impact of grief and ensure that support and flexibility are provided where appropriate.
Reform and consultation on bereavement leave
The Employment Rights Act 2025, which received royal assent on 18 December 2025, will amend the current entitlement to parental bereavement leave, widening it to cover other bereavement situations. On 23 October 2025, the Government published a consultation “Make Work Pay: Consultation on Leave for bereavement, including pregnancy loss”. The entitlement under the new provisions will include bereavement leave of at least one week which is unpaid for a pre-24 week pregnancy loss. Implementation is expected in 2027.
The consultation is set to close on 15 January 2026.
Guidance
Whilst it may be difficult and costly in the immediate term for an employer to have a worker absent or on reduced working hours, support for bereaved employees may be key to their management of their loss and recovery over time, reducing recruitment costs and building on the investment already made in them.
ACAS, Sue Ryder and other charities have useful guidance for employers which emphasise compassion, flexibility and individualised support, including paid or unpaid time off. Marie Curie’s report “Respecting and supporting grief at work” has useful recommendations for employers, including amongst other things:
- Have a dedicated bereavement policy, update and communicate it. Consider staff input.
- Include bereavement in wellbeing plans.
- Consider what support may be provided, including through EAPs and external charities.
- Avoid treating grief as a mental health condition (although one may result).
- Consider introducing dedicated bereavement champions.
- Ensure line managers know how to support their teams.
- Ensure you are as flexible as you can be regarding full returns to work.
- Encourage discussion and understanding about bereavement.
Should you have any queries or would like practical advice on any ongoing issues, please contact Clare Gilroy-Scott or any member of the Edwin Coe Employment Team.
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