Bereavement Leave UK 2026: What Changed in April and What Employers Must Update

Before April 2026, bereavement leave in the UK was almost entirely at the employer's discretion. Whether a worker got a day off after the death of a parent, a week following the loss of a partner, or no time at all, depended on what the employer's policy said and whether the employer chose to apply it generously. From 6 April 2026, that changed. Every worker now has a statutory minimum entitlement. Employers whose contracts and handbooks have not been updated since March 2026 are likely operating policies that conflict with the new law.

What changed on 6 April 2026

The Employment Rights Act 2025 created a new statutory right to bereavement leave. The key features of the right are:

It is a day one right. The entitlement applies from the first day of employment. There is no qualifying period, no minimum length of service and no requirement to have completed a probation period. A worker who starts on a Monday and suffers a bereavement on Tuesday has the right from that point.

The minimum is one week. Workers are entitled to at least one week of bereavement leave. An employer can offer more as a contractual benefit, but cannot offer less than the statutory minimum.

The leave is unpaid at statutory minimum. The Act creates an entitlement to time off, not a right to be paid. Employers who already offer paid bereavement leave as a contractual benefit are free to continue doing so. Employers who currently offer no pay for bereavement leave are not required to introduce pay, but they are required to allow the worker to take the time off.

The existing Parental Bereavement Leave right is not affected. Parents who lose a child under 18 retain the right to two weeks of Parental Bereavement Leave, which is paid at the statutory rate. The April 2026 change creates a separate, additional right that applies more broadly.

Who is now entitled

The right applies to all workers from day one. This is broader than many employers initially assume.

Employees are included. Full-time, part-time and fixed-term employees all have the right.

Workers who are not employees are also included. Zero hours workers, casual workers and agency workers engaged directly by the employer are covered.

Workers in a probation period are covered. Day one means day one. A worker on a three-month probation has the same entitlement as a worker who has been employed for ten years.

Workers who were recently hired are entitled. There is no minimum service requirement. An employer cannot refuse bereavement leave on the basis that the worker has only been employed for a short time.

The specific relationships that qualify for the new bereavement leave, that is, which deaths trigger the entitlement, were to be set out in secondary legislation. Employers should consult current ACAS guidance and the government's official guidance for the confirmed list. The intention is for the entitlement to cover close family members and dependants.

How the leave works in practice

Notification. Workers are expected to notify the employer as soon as is reasonably practicable that they wish to take bereavement leave. Employers should not require advance notice given the nature of the situation.

Timing. The leave does not need to be taken immediately following the bereavement. Employers should exercise flexibility about when the leave is taken, particularly where funeral arrangements or other responsibilities arise at different points.

Records. Employers should record bereavement leave taken in the same way as other statutory leave. Do not subtract bereavement leave from holiday entitlement unless the worker chooses to take additional time off as annual leave.

Concurrent rights. A worker who is also a parent and loses a child under 18 has both the general bereavement leave entitlement and the Parental Bereavement Leave entitlement. The employer should consider both rights together when managing the absence.

What to update in contracts and handbooks

Employment contracts. Any contract that states bereavement leave is at the employer's discretion, subject to management approval, or dependent on length of service, is now inconsistent with the statutory minimum. Review all current template contracts and update the bereavement leave clause.

Offer letters. If your offer letter summarises key terms including leave entitlements, check it does not describe a discretionary bereavement policy. Any letter issued after 6 April 2026 should reflect the current statutory position.

Staff handbooks. The bereavement leave section of your handbook is the most likely place to find a description of the pre-April 2026 position. Update it to describe the statutory minimum and any enhanced benefit your business provides on top of that.

Manager guidance. Managers who handle absence requests need to know that bereavement leave is now a statutory right, not a discretionary benefit. A manager who refuses to grant bereavement leave to a new starter because "they haven't been here long enough" is denying a statutory right. That is an error the employer is responsible for.

The exposure if you get this wrong

Workers who are denied statutory bereavement leave can bring an employment tribunal claim. The tribunal can award compensation and order the employer to allow the leave. Where the denial is connected to a protected characteristic, for example where an employer denies bereavement leave to a worker caring for a same-sex partner but grants it in other circumstances, the claim may also include a discrimination element with uncapped compensation.

Employers whose policies explicitly restrict bereavement leave to workers above a minimum length of service are in automatic breach of the Act for every bereavement that occurs after 6 April 2026.

Related guides

• →SSP changes April 2026: what employers must update
• →Zero hours contract rules UK 2026
• →Unfair dismissal qualifying period 2027
• →How to write an employment contract UK
• →Probation period rules UK