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

Northern Trust submits plans for a commercial development in Morecambe Northern Trust submit proposed plans for Morecambe

Northern Trust submits plans for a commercial development in Morecambe

25 Feb 2026

2

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

3

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 2026

4

Steel signing marks phase five progress on Blackpool’s Talbot Gateway The Talbot Gateway Steel signing

Steel signing marks phase five progress on Blackpool’s Talbot Gateway

24 Feb 2026

5

Ameon named as new founder patron of Vault Youth Zone Tim Jacques chief executive Vault Youth Zone and Scott Andrews director Ameon

Ameon named as new founder patron of Vault Youth Zone

23 Feb 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

Central Lancashire

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

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

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