Date updated: Friday 29th April 2022

Dealing with bereaved employees can be challenging for employers. Acas has produced new bereavement guidance, Time off work for bereavement, which sets out the legal position and offers best practice guidance on handling the situation. The guidance helpfully includes a link to an example workplace bereavement policy.

  • be sensitive to what each person might need at the time
  • consider the person's physical and emotional wellbeing, including once they've returned to work
  • recognise that grief affects everyone differently, there is no right or wrong way to grieve and it can affect people at different times following a death

Employees have the legal right to unpaid time off if a ‘dependent’ dies or if their child is stillborn or dies under the age of 18. A dependent could be their spouse, partner, civil partner, their parent, or someone they live with or care for.  If a working parent meets certain eligibility criteria then they could also be entitled to parental bereavement pay. There is no legal right for time off in relation to the death of a dependent to be paid, but some employers might offer pay in these circumstances. 

Where there is no legal right to time off and where an employer does not offer any compassionate leave, Acas recommend that employers consider using sick leave, holiday or unpaid leave to support bereaved employees. 

In addition to time off and pay, the guidance covers keeping in touch, returning to work, offering ongoing support and mental health. The guidance includes case studies which provide examples of how employers can support bereaved employees.

For further guidance please contact Stone King’s Employment Law Team or your usual contact at Stone King who will allocate your query.