Calls for statutory miscarriage bereavement leave in Employment Rights Bill

-

The Women and Equalities Committee (WEC) has called for a change in UK employment law to include statutory bereavement leave for women and partners who experience pregnancy loss before 24 weeks.

WEC Chair Sarah Owen announced the Committee’s intention to propose amendments to the Government’s Employment Rights Bill, urging Ministers to support the changes.

According to the report on which the recommendation is based, more than one in five pregnancies ends before 24 weeks, with around 20 percent of women likely to experience miscarriage during their reproductive lifetime. The emotional and physical impacts of pregnancy loss are found to be comparable to other forms of bereavement, affecting both women and their partners.

Sick Leave Insufficient for Pregnancy Loss

The report criticises current reliance on sick leave as inadequate for addressing the aftermath of miscarriage, as it fails to offer the confidentiality or dignity required during such a sensitive time, while also exposing employees to potential discrimination.

HRreview Logo

Get our essential weekday HR news and updates.

This field is for validation purposes and should be left unchanged.
Keep up with the latest in HR...
This field is hidden when viewing the form
This field is hidden when viewing the form
Optin_date
This field is hidden when viewing the form

 

Chair of the Women and Equalities Committee and Labour MP Sarah Owen, said, “Miscarriages and pregnancy losses can be devastating for women and their families with both emotional and physical consequences. As the data shows, such experiences are sadly not uncommon and yet current legislation has not caught up with this stark reality.

“I was not prepared for the shock of miscarrying at work during my first pregnancy. Like many women, I legally had to take sick leave. But I was grief stricken, not sick, harbouring a deep sense of loss.”

Low rates of Statutory Sick Pay also make it financially difficult for many affected individuals to take the necessary time off work. The report warns that this puts their mental health, wellbeing, and future work prospects at risk.

Government Action and Employer Engagement

While some employers have made progress in recognising miscarriage as a form of bereavement and introducing flexible leave policies, the report found notable gaps in employer-led provision. It also notes that even when policies are in place, they are not always well-promoted or understood by employees.

The Committee has called on the Government to collaborate with organisations such as the Chartered Institute for Personnel and Development (CIPD), the Advisory, Conciliation and Arbitration Service (Acas), and the Trades Union Congress (TUC) to promote the benefits of comprehensive miscarriage leave policies. Strengthening guidance and ensuring greater awareness among managers and employees is also recommended.

The proposed amendments to the Employment Rights Bill aim to extend entitlements similar to those currently available for stillbirth and child bereavement. These would cover employees who experience miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation (IVF) embryo transfer loss, and terminations for medical reasons.

Time to Grieve

The report acknowledges the efforts of some employers who have implemented policies offering generous and flexible paid leave for pre-24-week pregnancy losses. It notes that such policies benefit both employees and employers, with minimal associated costs. However, the WEC added that the case for a legal minimum standard to ensure consistent support across all workplaces is “overwhelming”.

Labour MP Sarah Owen added, “A period of paid leave should be available to all women and partners who experience a pre-24-week pregnancy loss. It’s time to include bereavement leave for workers who miscarry in new employment rights laws.

“WEC is calling on the Government to support our amendments, or bring forward its own, to ensure that all those who experience the physical and emotional pain and grief of pregnancy and baby loss are able to access the support they need.”

Alessandra Pacelli is a journalist and author contributing to HRreview, where she covers topics including labour market trends, employment costs, and workplace issues.

Latest news

Transgender staff excluded from single-sex toilets under new equality guidance

Transgender people must be excluded from single-sex toilets and changing rooms that correspond with their lived gender under updated...

Simon Coker: Closing the emotional gap – why AI in the workplace is as much a human challenge as a technological one

AI adoption is transforming how work gets done across every sector. But its deeper impact is less visible: it is reshaping how people feel about their work.

Employment tribunal delays stretch towards 2030 as lawyers warn system is nearing collapse

Employment tribunal hearings are being delayed for years as lawyers warn mounting backlogs are undermining workplace justice.

Keeping culture and purpose at the centre of a growing fintech

A fintech people leader explains how culture, wellbeing and purpose are being protected during rapid business growth.
- Advertisement -

Migrant worker with no right to work in UK wins discrimination case against employer

An employment tribunal has ruled that a migrant worker without the legal right to work in Britain can still pursue successful discrimination claims.

Government to replace some GP sick notes with return-to-work plans

Workers in four English regions will be directed towards personalised health and employment support as ministers test alternatives to GP-issued fit notes.

Must read

Tim Kingsbury: Investigations into sexual harassment

The flood of accusations of sexual harassment against film producer Harvey Weinstein is making organisations of all kinds very nervous: a figure central to an entire industry, with a long-standing reputation, reduced in days to a target for ridicule.

Pavel Shynkarenko: Five ways to manage freelance contracts more effectively

It’s estimated that the self-employed market contributes £275 billion to the UK economy.
- Advertisement -

You might also likeRELATED
Recommended to you