
Timetable of employment law changes UK
Keep up to date with the latest employment law developments and proposed future changes
Claire McCartney and Lucy Herd, Jack's mother and prominent campaigner for Jack's Law, discuss the importance of extending statutory bereavement leave and pay for employees experiencing the loss of a close family member and ask what employers can do to best support them
When Claire and I first started collaborating, I did not envisage that coming together with the CIPD, would have such an impact on ensuring my campaign about Jack's Law and the need for employers to support their employees better when a Bereavement in the workplace happened, would have such a momentous opportunity to reach so many businesses.
To be told you can only take 3 days off to grieve a loved one is an inhumane anomaly which needs to be addressed. Funerals can take 10 days or more to organise, so to expect an employee to return to work even before a funeral has happened is not only wrong but, in some cases, impossible.
Everyone grieves differently there is no right way or wrong way. Grief is unique to everyone.
You may discover that productivity goes down, mood’s change, grieving can cause exhaustion which can make timekeeping a problem, but all these things are because often employees are expected to carry on as normal after a death.
When I started this campaign nearly 11 years ago, I had always hoped legislation would be created for everyone to be able to take time off should they need to, in the event of a family death. Time is precious and we should not have to worry about taking time off from work because our whole world has altered due to grief. Therefore, we are working towards ensuring Jacks Law is amended, to better protect future families from being told they can’t take ‘time’.
Ensuring you have the correct things in place within your workplace will help tremendously to support an employee when a bereavement may happen. There are a few things you can do such as maybe have a Grief First Aider within the workplace, have an updated bereavement policy, offer external grief support, and sometimes all you need to do is be a friendly listening ear.
Just over a year ago Lucy and I wrote a joint blog, welcoming the new legal right to paid parental bereavement leave – Jack’s Law. Jack’s Law entitles all employees who lose a child under the age of 18, or whose child is stillborn from 24 weeks of pregnancy, to a statutory minimum of two weeks’ leave.
The CIPD fully supports the introduction of ‘Jack’s Law’ and we continue to raise awareness among people professionals and organisations of this important change in law. We also want to recognise Lucy in her successful and brave campaign work in this area, which is already making such a difference to so many people.
However, Lucy and the CIPD both believe the time is right to call for an extension of Jack’s Law so that employee’s experiencing the bereavement of a close family member can also be supported by the statutory provisions and we are talking to cross-party MP’s about ways of progressing this agenda. We are also working alongside a coalition of organisations and charities uniting on this issue, including Marie Curie, Sue Ryder, Affinity Coaching Supervision, Bereavement UK and Cruse Bereavement Support.
Employees that have experienced a close family bereavement will need time to come to terms with what has happened and will be highly unlikely to be able to perform well at work if they are forced to return too quickly. While many organisations provide paid bereavement leave to support employees at one of the most difficult times of their lives, this is far from universal and extending the statutory provision is likely to give employees time and space to grieve rather than worrying about paying their bills and financial worries.
It’s also vital that organisations think of the support they can give to bereaved employees beyond any period of bereavement leave and pay. Grief is not linear and does not have predictable stages and for many people is likely to be ongoing. How employees are treated by their employer is likely to have a significant impact on how they handle the bereavement, and how they feel towards their organisation and their work in general going forward.
We have produced compassionate bereavement guidance for both organisations and people managers and we would encourage organisations to make as much use of these as is helpful to them to support a compassionate culture around bereavement at work. We have detailed some of the key points form the guidance, below.
It’s a good idea for your workplace to have a policy that covers bereavement absence and pay, to keep things clear. A policy can also help clarify anything offered at work that’s more than what’s legally required. Acas provides an example of a policy here.
Claire specialises in the areas of equality, diversity and inclusion, flexible working, resourcing and talent management. She has also conducted research into meaning and trust at work, age diversity, workplace carers and enterprise and has worked on a number of international projects. She is the author of several reports and articles and regularly presents at seminars and conferences.
Lucy Herd is a bereavement rights campaigner and grief recovery specialist, whose son Jack was only 23 months old when he tragically drowned in her garden pond in August 2010.
Living through every parent’s worst nightmare gave Lucy the strength to take on the system, so no parent would have to suffer as she had. Lucy was to find out the hard way that an employee is only entitled to three days’ statutory leave from the workplace, even after the death of a child.
This terrible experience was the catalyst for Lucy starting the Change Bereavement Leave campaign. Lucy worked tirelessly, taking on the might of Westminster and business organisations, to fight for people who had lost a child to be given a decent amount of bereavement leave from their workplace, all in the name of Jack.
Seven years after starting her campaign, Royal Assent was given for The Parental Leave and Pay Bill on 13 September 2018. Jack’s Law, as it became known, came into force in April 2020, which now gives employed parents who lose a child under 18 two weeks’ leave under the Act. Lucy continues to campaign for Jack’s Law to include all family members.
Lucy is an ambassador for the Royal Life Saving Society (RLSS) and last year trained to become a grief recovery specialist. This qualified her to deliver an evidence-based programme to help people with losses of any kind. It also helped Lucy with her own grief. She’s also undergone Helping Children with Loss training for anyone who works or lives with children.
Lucy has also set up Grief and a Cuppa, a safe online space for anyone grieving, and Grief First Aiders, a short course for workplaces.
Keep up to date with the latest employment law developments and proposed future changes
Explore our collection of resources covering terms and conditions of employment, including Q&As and relevant case law
The CIPD's dedicated legal resource on holiday entitlement for all types of worker. This page includes guidance leave allowances and pay and a downloadable infographic outlining the essentials you need to know.
Keep up to date with what will change under the Employment Rights Bill, the Equality (Race and Disability) Bill and the plan to Make Work Pay
Find out what people professionals said about their working lives and career development prospects in our recent pulse survey
As artificial intelligence continues its rapid advancement and becomes the much touted focus for investment and development, we highlight the critical role of the people profession and explain how the CIPD and its members will be involved shaping its impact at work
A look at whether artificial intelligence can cover skills shortages by exploring the benefits of AI and the advantages that can be gained by using generative AI such as ChatGPT
Jon Boys discusses the benefits of generative AI tools, and how organisations can utilise them