Bereavement in the workplace: new ACAS guidance

By Brabners LLP

15 Mar 2022

shutterstock_453830086.jpg

ACAS has recently published new bereavement guidance to help employers understand the rights of bereaved individuals and to provide advice about how to deal with bereavement in the workplace. 

It covers a variety of specific bereavements (such as the death of a dependant, child, stillbirth and miscarriage) as well as deaths that fall beyond the scope of these set categories. The aim is to encourage employers to handle these situations in a sensitive, compassionate and practical manner.

The death of a loved one causes extreme distress and can have immediate implications (at the time of bereavement) as well as longer term repercussions.  The guidance, rightly, encourages sensitive communication with bereaved employees and warns against discriminating against those suffering a bereavement when organisations consider time off and support.

Who has the right to time off?

The new advice clarifies that anyone classed as an ‘employee’ has the right to time off if a ‘dependant’ dies, or their child is stillborn or dies under the age of 18.

For this purpose, a ‘dependant’ could be:

their spouse, partner or civil partner; their parent; their child (if under 18); someone who lives in their household (not tenants, lodgers or employees); someone who would rely on them for help in the event of an accident, illness or injury, such as an elderly neighbour; and/or someone who relies on them to make care arrangements.

Whilst a right to time off applies in these circumstances, unless the dependant is the employee’s child, there is no legal right for the time off to be paid (although some employers may choose to offer pay in these circumstances).

There is also no prescribed period of time off to be given when this right applies, but the amount of leave given must be “reasonable”. This includes allowing the employee time to deal with emergencies involving the dependant and to arrange the funeral etc.

Additional rights if the dependant is the employee’s child

Employees have a right to two weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. This is called 'parental bereavement leave'.

It should be noted that in situations where an employee experiences a stillbirth (the loss of a baby after 24 weeks of pregnancy), additional rights to maternity and/or paternity leave apply (we discuss this is further detail in our blog on stillbirth). The employee would then be entitled to two weeks of parental bereavement leave after they finish their maternity or paternity leave.

Advice for employers dealing with anyone who has suffered a bereavement

Regardless of whether an employee has a right to time off, the new guidance suggests that employers should be compassionate towards a person's individual situation and consider that, even if the person who has died is not related to them (or classed as a “dependant”), they might be closely connected, and their death could have a serious impact on the individual.  

It also urges employers to be mindful that the impact of the bereavement could be longer term and the employer should check in with anyone affected later on.

The guidance also makes it very clear that it is a good idea for organisations to have a clear bereavement policy in place. Of course, a key first step (when dealing with any workplace matter) is for employers to check their own policies and to use this as a guide. Most policies should cover the basics which include: -

when leave for bereavement could apply; how much leave the organisation provides; and if leave is paid, and the amount of pay.

Whether or not a policy is in place, ACAS recommends that employers:

be sensitive and understanding to what each person might need at the time (noting that everybody experiences and deals with bereavement differently); consider the person’s physical and emotional wellbeing at the time and once they return to work.

In circumstances where there is no legal right to time off, and the employer does not offer compassionate leave, the guidance recommends that employers consider the use of annual leave,  sick leave or unpaid leave to support bereaved employees.

How we can help

Managing bereavement in the workplace can be a sensitive issue, given that it is a highly emotional time for those affected and grief is a very individual experience.

If your organisation requires support and advice in relation to managing bereavement in the workplace, whether this is to get started on implementing policies and procedures or a specific employee matter, please get in touch with a member of our Employment Team who will be able to assist.

This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.

Latest news

1

Blackpool listed by government as potential City of Culture 2029 City of Culture bid

Blackpool listed by government as potential City of Culture 2029

18 Mar 2026

2

Ormskirk tour operator charters aircraft for stranded long-haul travellers across Asia Liz Reddy Head Of Product Ewan Moore Finance Director Louise Moss head of service delivery in front of chartered plane

Ormskirk tour operator charters aircraft for stranded long-haul travellers across Asia

17 Mar 2026

3

Preston landscaping business Green Scenery secures £100k NPIF II funding boost Green Scenery

Preston landscaping business Green Scenery secures £100k NPIF II funding boost

17 Mar 2026

4

Tangerine Group to unveil plans for new £20m global HQ and community investment Tangerine unveil plans for £20m proposals

Tangerine Group to unveil plans for new £20m global HQ and community investment

16 Mar 2026

5

Aztek Security Services set to double turnover as expansion gathers pace Alan Townley Aztek Security Services

Aztek Security Services set to double turnover as expansion gathers pace

16 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements 1200 Social
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

Could your business be a King’s Award winner?
King's Cross Awards
LBV Hub
18 Mar 2026

Could your business be a King’s Award winner?

11 Victoria Street, Preston, Lancashire, PR1 7QS

16:00 - 18:00

Building A Resilient Business Free Lunchtime Workshop
Screenshot 2026-03-09 100944.png.png
LBV Hub Networking
18 Mar 2026 - 18 Mar 2026

Building A Resilient Business Free Lunchtime Workshop

The Wellsprings, Howell Croft South, Bolton BL1 1SB, Bolton, BL1 1SB

12:30 - 13:30

Preston Freelancer Meet-Up and Coworking Day: March
March Freelancer Square.png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

Preston Freelancer Meet-Up and Coworking Day: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

The Business Network Central and East Lancashire
LBV Header (30).png.png
LBV Hub Networking
19 Mar 2026 - 19 Mar 2026

The Business Network Central and East Lancashire

Barton Manor, Preston, PR3 5AA

11:30 - 14:15

Exploring Debt Finance: Unlocking SME Growth
LCC Event Logos
LBV Hub Exhibitions
24 Mar 2026

Exploring Debt Finance: Unlocking SME Growth

Farleys Solicitors, 3 Mead Way, Shuttleworth Mead, Padiham, Burnley, BB12 7NG

09:00 - 12:00

Invest in Pendle: A Live Celebration Event
Northlight photograph
LBV Hub
25 Mar 2026

Invest in Pendle: A Live Celebration Event

The Leisure Box, Northlight Mill, Glen Way, Nelson, BB9 5NH

12:00 - 14:00

The Marketing Meetup Lancashire
TMM Lancs - 27th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2026 - 25 Mar 2026

The Marketing Meetup Lancashire

Six Connections, One Slater Terrace, Burnley, BB11 1BU

18:00 - 20:00

The Employment Rights Act 2025: What you need to know
Logo.jpg.jpg
LBV Hub Seminars
26 Mar 2026 - 26 Mar 2026

The Employment Rights Act 2025: What you need to know

Lancaster & Morecambe College, Lancaster, LA1 1TZ

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin