Statutory Paid Bereavement Leave: Loss of Family Member

Paul Scully Excerpts

Monday 30th November 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

First, I congratulate the hon. Member for North Ayrshire and Arran (Patricia Gibson) on securing a debate on this important issue. I am grateful to her for bringing it to the attention of Parliament.

We have heard today about the impact of bereavement on individuals and their wider families, and about the experience of losing someone whom we love or who has played a special role in our lives. That is deeply upsetting, and I sympathise with anybody who has been in that position. We will all experience bereavement at some point in our lives, but the fact that death is an inevitable part of our experience of life does not detract from the sense of loss that most of us will feel or from the fact that, for some of us, that sense of loss will at times feel overwhelming.

I found the hon. Member’s account particularly poignant because I know she speaks from personal experience. She has spoken with passion and compassion. I am grateful to her for her candour and for raising awareness of this issue and of the impact of stillbirths and baby loss generally on individuals and their wider families, both today and on many other occasions in this Chamber.

All of us have been touched in some way by covid-19, whether as a result losing someone who has played a part in our lives or simply as a result of reading the virus’s mortality rates in the press. I have lost two uncles myself during lockdown, one of whose funeral I could not take part in.

In April this year, as the hon. Member said, we introduced parental bereavement leave and pay for employed parents who lose a child under the age of 18 or who suffer stillbirth from 24 weeks of pregnancy. That new entitlement recognises that the death of a child is particularly tragic. Prior to April, employed parents had a statutory right to take time off work following the birth or adoption of their child, but they did not have a specific right to time off work in the event of their child’s death. Parents who are in that dreadful position are now able to take up to two weeks’ leave in the 56-week period following their child’s death. Where they qualify for pay, parents will receive the lower of 90% of their average weekly earnings or the statutory flat rate, which is currently £151.20 a week. Like all entitlements to paid time off work, the statutory scheme provides a floor, not a ceiling.



The Government are mindful of placing additional burdens on business in the current economic climate, but we strongly encourage employers, as we have heard, to go beyond the statutory minimum if they can afford to. This could involve giving parents additional weeks of leave and pay, or paying them at an earnings-related rate when they are off work on parental bereavement leave.

This debate has raised the question of whether the right to paid leave for parents should be extended to all those who lose a close family member. As we have heard, grief is a very personal experience, which affects different people in different ways. While some people understandably want to take time off work following a bereavement, others may prefer to work through their grief. We believe that individuals are best placed to understand their own specific needs. Employers should, and usually do, respond to these needs in an appropriate and sensitive way, even in the absence of a legal requirement to time off work.

While I of course recognise the pain that can accompany bereavement—as I have mentioned, I am speaking from recent personal experience of this—extending entitlements to bereavement leave and pay would come at a significant cost to the public purse. It would also place additional burdens on business at a time when many employers are struggling to keep their businesses afloat. We cannot ignore this fact, and while we are sympathetic to everyone who has lost a close family member, whether through covid-19 or otherwise, the Government have no plans to extend entitlement to bereavement leave and pay at this time.

I remind hon. Members, however, that employees who want to take time off work are already entitled to take up to 5.6 weeks of annual leave a year. All employees also have a day one right to take time off work to deal with an emergency involving a dependant, and in the case of a bereavement the right to time off for dependants can be used to make necessary practical arrangements, including registering the death and arranging and attending the funeral of the person who has died.

The hon. Lady talked about the cost of bereavement. I am unable to comment on the figures today, but my officials have had an initial meeting with representatives from the Sue Ryder charity, who have agreed to share their analysis with us when the report is finalised.

Grieving is a natural process that we should not attempt to stifle, and most of us are able to cope with our loss with support from our family, friends, colleagues and employer, but I recognise that bereavement is a risk factor for physical and mental health issues. Where a bereavement is particularly debilitating or likely to have a longer-term impact on an individual’s mental or physical health, they have access to our excellent national health service. In May this year the Government announced additional funding of £4.2 million to support mental health charities and charities providing bereavement support. That was part of a £750 million package of support for the voluntary sector announced by the Chancellor in April.

Where a bereavement does affect someone’s mental or physical health, they also have the option of taking sick leave. They may be eligible for statutory sick pay. Clearly, statutory sick leave is a means to an end, but bereavement in itself is not a sickness. Employees can, however, self-certify as sick for the first seven days that they are off work. After that time, a fit note is required and their employer can request medical evidence if they wish. Individuals who are not eligible for statutory sick pay and those who require additional support may be eligible for universal credit and the new-style employment and support allowance.

The hon. Lady talked about covid and its effect on families. I was fortunate enough, at the funeral of one of my uncles, to join close family members to pay my final respects, and indeed to do so for my mother, who died just before lockdown, but not everybody has been fortunate. We talk about the death rates in this country, so this is clearly not just personal to me; tens of thousands of people across the country have been through similar experiences. So I am acutely aware of the fact that covid-19 has robbed so many of us of the opportunity to see our loved ones before they died and to say goodbye in the way we would all want.

No two people’s experiences of a bereavement are the same; we all have our coping strategies. Our experience will, however, to a large extent be influenced by how the people around us respond to us and our loss. As the hon. Lady said, far too many people suffer their loss in silence and this can lead to them feeling isolated and alone. While no one should feel obliged to talk about their personal experiences, they should also not be afraid to do so.

We have given employers the tools they need to approach what might otherwise be a difficult conversation with a bereaved employee. In 2014, the Government commissioned ACAS to provide guidance on managing a bereavement in the workplace. The guidance was developed in conjunction with key stakeholders, including Cruse Bereavement Care, Jack’s Rainbow and other bereavement charities. The guidance has been well received and was updated in 2020 to provide more accessible webpage content for users and to take account of the new right of parental bereavement leave. The guidance can be found on ACAS’s website. Use of the guidance continues to grow and has increased since the start of the pandemic. There was a total of 82,000 visits to the guidance between 1 April and 23 November. ACAS is working on further revisions, including revised case studies to offer more detailed support to employers and employees at this difficult time.

Where an individual loses their spouse or civil partner, they may be eligible for a bereavement support payment. This consists of an initial lump sum payment of £2,500 and up to 18 monthly instalments of £100, with higher amounts being paid to those individuals who have children. The initial payment for individuals who have children is £3,500. Bereavement support payments are intended to meet the additional costs of bereavement rather than providing an ongoing income replacement to bereaved spouses and partners.

As the hon. Member mentioned, the Government will bring forward an employment Bill to implement a range of manifesto and other commitments, and we will publish our detailed proposals for that Bill in due course. While the Government are not minded at this time to introduce a new right to time off work for people who have lost a close relative, we do understand how difficult this can be for people in bereavement.

[Jonathan Edwards]

I thank the Minister for giving way and for the way he has approached the debate. I am slightly disappointed that the Government will not even look at the proposals, because this seems to be a very simple reform. All the Government need to do is define what they mean by “reasonable”. The eligibility criteria are already there. All these different employers have a different idea of what “reasonable” means, so my question would be: what does “reasonable” mean to him as the Minister?

[Paul Scully]

I have been an employer in the past, and the biggest asset of any business is the employees. Any business owner invests time in training and developing people, and they make up the business. In terms of reasonable time, I have talked about the fact that bereavement is different for different people, and I think that they just need to work together with employees. As I said, I am not minded to put it on a statutory footing, but we will continue to work with Members across the House in the employment Bill and with Sue Ryder in understanding their background. I am looking forward to introducing that Bill to this House, when we can talk about a whole range of issues to support employees through the aftermath of this pandemic and put workers’ rights on a long footing beyond now.

[Patricia Gibson]

I want to press the Minister on one point and ask for his view on it. If those who are earning a comfortable salary feel that they need to take additional time off, unpaid, they are free to do that, and they are obviously able to absorb that cost. There is a concern about the people in low-paid jobs who cannot take unpaid leave and therefore do not have the choice to take additional time, unless, of course, it is in statute.

[Paul Scully]

It is essentially about getting the balance right. I talked about eligibility for statutory sick pay, which I know is not suitable for long periods of time, and access to universal credit. There is annual leave of 5.6 weeks per year. It is about getting the balance right between what may suit employees suffering different types of bereavement or having different reactions to bereavement, and employers, especially as we have seen the pressure on them at this moment in time. They may be at risk in relation to the future viability of the business. It is getting that balance right, which is why we continue to try to understand the modern-day employer and the things that we might include in the employment Bill as we reflect on the effect of covid.

There is a range of Government support for people who suffer from a bereavement. Employers can, and do, provide significant support to employees without being legally required to do so. We encourage employers to respond with flexibility and compassion. One of the cornerstones of the employment Bill will be to ensure flexible working by default. That will hopefully provide some succour or support to people who, although not necessarily taking full time off, will be able to arrange their working time around their particular current circumstances.

I thank the hon. Lady and the other hon. Members who contributed to the debate. I also thank everybody who has worked hard to raise awareness of the impact of death on the people left behind.

Question put and agreed to.