Statutory Parental Bereavement Leave and Pay

(Limited Text - Ministerial Extracts only)

Wednesday 6th December 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

It is always a pleasure to see you at any time, not least in the Chair, Mr Sharma. I congratulate my hon. Friend the Member for Broxtowe (Darren Henry) on securing today’s debate. I am grateful to him for bringing this important issue to the attention of Parliament and for his ongoing and wholehearted commitment to improving the support available to those experiencing a bereavement. I assure him that the Government are deeply sympathetic to anyone experiencing the loss of a family member or loved one. The death of a child is a truly traumatic experience for any parent, and the effects can be devastating and everlasting.

It is for those reasons that I personally brought the Parental Bereavement (Leave and Pay) Bill to the House in 2018 and was delighted when the entitlement came into force in 2020. It was my pleasure to take up the mantle of my hon. Friend the Member for Colchester (Will Quince), who campaigned on this issue long before me. I am also very grateful for the support I received for that legislation from across the House, not least from the hon. Member for North Ayrshire and Arran (Patricia Gibson). I am not surprised that she challenges me to go further than the legislation has already taken us by extending parental bereavement to close relatives. We have discussed that matter before, and the Government have a slightly different position, but I absolutely commend her for her campaigning on it.

We introduced parental bereavement leave in recognition of the particularly tragic circumstances of losing a child before they have had the opportunity to reach adulthood. We believe it sends an important signal to employers that bereavement in the workplace should be acknowledged, and that we expect them to respond to all such circumstances sensitively and compassionately. We will continue to engage with the hon. Lady on her objective to get her proposal into legislation.

Parental bereavement leave and pay gives eligible parents a statutory right to take two weeks of paid leave to grieve the loss of their child. The entitlement to leave is a day one right, which means that it is available on the first day of someone’s employment. The two weeks can be taken together or separately, to give parents the flexibility to grieve in their own way, without having to worry about work.

In the tragic event of a stillbirth, eligible parents retain other pre-booked parental leave and pay entitlements, such as maternity, paternity and/or shared parental leave and pay. That ensures that parents have the time they need to grieve the loss of their baby. Importantly, it sends a signal to employers that bereavement and other types of personal loss should be acknowledged in the workplace.

As with all entitlements, employers are encouraged to go further whenever they can afford to and to support their employees in unforeseen and unavoidable circumstances. Since its introduction, parental leave and pay has supported thousands of parents during one of the most devastating periods of their lives, and I am proud to have played a role in passing that legislation.

My hon. Friend the Member for Broxtowe spoke eloquently and passionately about the struggles of managing a bereavement and employment while caring for young children, in particular in the case of Aaron, Bernadette and Tim. Of course, the majority of fathers or partners who find themselves in the dreadful situation of the child’s mother having died at or soon after birth are likely to qualify for shared parental and paternity leave, as they will have completed the six months of continuous service with their employer necessary to qualify. Qualifying for shared parental leave gives eligible fathers and partners access to 52 weeks of leave to care for their child. I can say in response to the shadow Minister that we anticipate that covering about 100 cases where the mother has passed away per annum. The vast majority of those will be covered because the father has the relevant level of service—26 weeks—which gives them entitlement to take leave.

We think that the number of people who would be affected as Aaron was is around 10 per annum. Of course, each one of those cases is devastating. It was my pleasure to meet with Aaron almost a year ago, together with my hon. Friend the Member for Broxtowe, with whom I worked on his private Member’s Bill to make leave and pay a day one right. It was good to hear that Aaron’s employer was benevolent and did help. I think that most employers would in those circumstances. However, I quite understand the my hon. Friend’s campaign on this. He made a very compelling case with his point about the combination of being a new parent in a new job and going through extraordinary grief. I congratulate him on securing the support of the hon. Member for Ogmore (Chris Elmore). I am very keen to meet with both of them to talk about how we might help in this case.

I thank my hon. Friend the Member for Stafford (Theo Clarke) for her fine words, yet again—she won “Speech of the Year” at The Spectator awards; a wonderful accolade—but most of all for her campaigning on birth trauma and her historic debate back in October, which was the first of its kind in Parliament’s history. As a father of four children, from my perspective, every birth is traumatic. With the circumstances and cases she describes in her speech, she absolutely makes a compelling case for the work she is doing. She challenges us to describe the support that families receive following the death of a mother in childbirth. We continue to work to address the recommendations set out in the UK Commission on Bereavement’s report. To do this, we have established a cross-Government bereavement working group, with representatives from over 10 Departments, to improve bereavement support and ensure that it is more cohesive across Government. I also thank, as she did, the all-party parliamentary group on baby loss and the all-party parliamentary group for birth trauma.

Many employers go above and beyond their statutory duties and provide paid or unpaid compassionate leave. We would always encourage individuals facing difficult personal circumstances and their employers to have an open discussion to determine what solution best balances the needs of both parties. It is vital that we continue to promote a culture of compassion and understanding to the select few employers that do not respond appropriately to their employees’ requests for time off work. My hon. Friend the Member for Broxtowe challenged us to legislate in this area, and I am very sympathetic to his pleas. Our only nervousness was set out by the hon. Member for Strangford (Jim Shannon). We are always cognisant of the impact of any legislation on businesses. However, it is fair to say in this case, with the small number of people who are affected, that this is something that merits very close consideration, if I can put it that way.

In this Parliament, we have already supported several private Member’s Bills that will offer new entitlements and additional support for employed parents and families. This always has to be balanced against the burden on business and the Exchequer—the costs, as the hon. Member for Ellesmere Port and Neston (Justin Madders) set out. For example, in July 2023, the Employment Relations (Flexible Working) Act 2023 gained Royal Assent. That legislation will give millions of British workers more flexibility on where and when they work. Flexible working arrangements will be particularly useful to individuals trying to re-establish a routine after a difficult personal life event such as bereavement. We have also legislated in many other areas, including carer’s leave, neonatal care, predictable working patterns and the tipping Bill to enhance worker’s rights during this Parliament. As I say, given such a small cohort—sadly, 100 mothers lose their lives in this way—only 10 would be covered by the legislation that my hon. Friend the Member for Broxtowe and the hon. Member for Ogmore are considering. I am happy to meet them to discuss their proposals in more detail.

We will of course continue to support the participation and progression of parents in the labour market without adding additional regulations where we can avoid doing so. I am grateful to my hon. Friend the Member for Broxtowe for organising today’s debate and to all those who contributed to it. I am keen to work with him to see how we can take matters forward.