Tina Chander, head of Employment Law at Midlands law firm Wright Hassall, discusses managing employee bereavement. 

 

Dealing with an employee who has lost a loved one is inevitable, but it can be difficult finding the ideal balance between preserving business operations and safeguarding an employee’s mental wellbeing at such a sensitive time. But what precisely are an employer’s obligations under the law in such circumstances?

Bereavement Law

While matters surrounding compassionate or bereavement leave are not specifically defined within UK employment law (outside of statutory parental bereavement leave), the Employment Rights Act of 1996 does state that an employee has the right to take “a reasonable amount of time” off work to handle emergencies relating to “dependents” such as a spouse or civil partner, a child or parent. This can include taking time for the planning or attending their funerals.

There is no legally defined “reasonable” duration that should be allowed for these purposes. However, it is typically between two and five days unless stipulated within an employment contract, or a freestanding absence or bereavement policy. Any employee needing additional time off should request it as soon as it is practical. Whether an employee is eligible for bereavement pay depends on the terms of their contract, but prolonged bereavement leave is generally unpaid and awarded at the employer’s discretion.

However, under the Health and Safety at Work Act of 1974 and the Management of Health and Safety at Work Regulations of 1999, businesses are required by law to safeguard employees’ physical and mental health. This means considering any depression or anxiety brought on by a bereavement, and not encouraging a return to work before carefully evaluating any risks posed to the employee upon resuming their position.

Additionally, companies must ensure employees on bereavement leave aren’t marginalised or subjected to unjust treatment because of their absence. They must be given the chance to apply for any promotion or attend training, and they cannot be made redundant simply because they haven’t been physically ‘at work’. An employee may have grounds to file a tribunal claim if they believe they have received unfair treatment because of their bereavement-related absence.

When granting compassionate leave after a loss, employers must also take into account any religious beliefs and traditions. According to the Equality Act of 2010, for instance, depriving a worker of enough time to observe religious mourning customs that are essential to their faith may be seen as indirect discrimination.

Parental Bereavement

Under UK law, parents or primary caregivers who have lost a child younger than 18 are regarded a little differently. The Parental Bereavement (Leave and Compensation) Act stipulates that those affected are entitled to two weeks of parental bereavement leave and/or statutory parental bereavement pay.

Employees who have worked for at least 26 weeks before their bereavement are eligible for statutory bereavement pay, which is equal to £156.66 a week or 90% of their average weekly earnings (whichever is lowest). The right to two weeks of parental bereavement leave will still be available to those who have not met this service requirement. However, this will likely be unpaid. All of an employee’s usual rights concerning pay rises and accruing leave are also safeguarded throughout this period.

Bereavement Policies

Certain employers will have a specific bereavement policy outlining their strategy for managing such occasions. Such policies should make it clear:

• How bereavement leave will be handled at work
• How much time off an employee may expect to take after losing a loved one;
• How much the employee will be paid during their bereavement leave;
• How to report a bereavement;
• How the return to work will be handled, such as if a fit note or mental health certification would be required;
• The employer’s stance if the deceased was not considered a “dependent” under the Employment Act

Return to Work

Be aware that a bereavement might cause significant changes in someone’s personal circumstances. For example, impacting childcare needs or imposing greater financial strain. Employees who are impacted may need to adjust their working hours or take on a somewhat different position to better manage their new obligations or even work through the practical issues associated with their loss.

Remaining agile is advised wherever practical. This may entail suggesting part-time hours, flexible or hybrid working arrangements, or a gradual return to tasks to minimise interruption or further hardship for the affected individual or the company.

Once the employee has returned to work, hold frequent one-on-one meetings with them to track their development and make any necessary modifications to their working life if required or realistic. To avoid unfairly affecting a person’s employment record, bereavement should also be considered while conducting performance appraisals.

Empathy is essential for handling a worker’s mourning well. Everyone is affected by death at some time in their life, therefore the most sensible and considerate way to offer assistance is to treat others as you would like to be treated yourself.