Legislation – Employment Rights Act 2025

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1Employment rights

Entitlements to leave

18Bereavement leave

(1)

The Employment Rights Act 1996 is amended in accordance with subsections (2) to (11).

(2)

In Chapter 4 of Part 8, in the heading, for “Parental bereavement leave” substitute “Bereavement leave”.

(3)

In section 80EA (parental bereavement leave)—

(a)

in subsection (1), for “bereaved parent” substitute “bereaved person”;

(b)

for subsection (2) substitute—

“(2)

For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died.”;

(c)

in subsection (3), for “The conditions” substitute “In a case where the person who has died is a child, the conditions”;

(d)

after subsection (3) insert—

“(3A)

For the purposes of subsection (1) an employee is also a “bereaved person” if—

(a)

the employee has suffered a pregnancy loss of a specified kind, or

(b)

the employee satisfies specified conditions as to relationship with—

(i)

a person who has suffered a pregnancy loss of a specified kind, or

(ii)

a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.”;

(e)

in subsection (4)(a), omit “in respect of a child”;

(f)

in subsection (5), before “a child” insert “the death of”;

(g)

after subsection (5) insert—

“(5A)

Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave.”;

(h)

in subsection (6), for “the date of the child’s death” substitute “the specified day”;

(i)

for subsection (7) substitute—

“(7)

The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person.”;

(j)

in subsection (9)—

(i)

in the definition of “child”, after “stillbirths” insert “after twenty-four weeks of pregnancy”;

(ii)

after the definition of “child” insert—

““live birth” means the birth of a child born alive;

“pregnancy loss” means—

(a)

the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or

(b)

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;

“specified” means specified in the regulations;”;

(k)

in the heading, for “Parental bereavement” substitute “Bereavement”.

(4)

In section 47C (rights not to suffer detriment: leave for family and domestic reasons), in subsection (2)(cb), omit “parental”.

(5)

In section 75I (rights during and after shared parental leave), in subsection (3)(f), omit “parental”.

(6)

In section 80C (rights during and after paternity leave), in subsections (2)(bb) and (4)(bb), omit “parental”.

(7)

In section 80EG (rights during and after neonatal care leave), in subsection (2)(f), omit “parental”.

(8)

In section 88 (termination of employment: employments with normal working hours)—

(a)

in subsection (1)(c), for “parental bereavement leave,” substitute “bereavement leave,”;

(b)

in subsection (2), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.

(9)

In section 89 (termination of employment: employments without normal working hours)—

(a)

in subsection (3)(b), for “parental bereavement leave,” substitute “bereavement leave,”;

(b)

in subsection (4), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.

(10)

In section 99 (unfair dismissal: leave for family reasons), in subsection (3)(cb), omit “parental”.

(11)

In section 235(1) (other definitions)—

(a)

before the definition of “business” insert—

““bereavement leave” means leave under section 80EA;”;

(b)

omit the definition of “parental bereavement leave”.

(12)

In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26(3)(b), for “parental bereavement leave” substitute “bereavement leave”.

(13)

In the Income Tax Act 2007—

(a)

in section 186A (enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(b)

in section 257DJ (seed enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(c)

in section 257MH (tax relief for social investments: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(d)

in section 297A (venture capital trusts: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”.

(14)

In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018, omit paragraphs 25(2), 26(2) and 28(a).