The passage of the Employment Rights Bill through Parliament has presented the opportunity to focus on a range of aspects of employment law that are ripe for reform. The changes proposed will drastically change the employment law landscape, but it does not introduce either miscarriage or domestic abuse leave. Instead, these proposals have been introduced by the Women and Equality Committee and a Private Members Bill.

Although neither is guaranteed to become law, these issues are once again in the spotlight. We look at the proposals and steps employers could take now.

Miscarriage leave

Miscarriage leave has been the focus of various proposals and legislative attempts in the past. But despite a clear gap in protection and recommendations from the Independent Pregnancy Loss Review, recent bills have failed to progress. 

This month’s report from the Women and Equality Committee proposes amendments to the Employment Rights Bill that would extend entitlement to statutory bereavement leave and pay to those suffering pregnancy loss before 24 weeks. 

What is the current position?

We have written in detail before about the fact that the law in Great Britain does not offer any specific protection to women suffering baby loss before the 24th week of pregnancy, or indeed to their partner.

Subject to more generous policies offered by individual employers (which we are increasingly seeing), those facing this difficult situation would have to take sick leave or partners would have to turn to taking unpaid time off to care for a dependant. The Committee’s report makes clear that these options are often inadequate and inappropriate given the significant emotional and psychological impact of pregnancy loss. 

Is this addressed in the Employment Rights Bill?

Although the Employment Rights Bill enhances a range of family rights, it does not address the question of pregnancy loss before 24 weeks. More specifically, the proposal for a broader right of bereavement leave contained in the Bill (likely extend the current entitlement to parental bereavement that applies after 24 weeks’ of pregnancy to a wider group of dependants) does provide for pre-24 week pregnancy losses. The evidence heard by the Committee emphasised the unfairness and stigmatising effect of this exclusion. 

What is the Committee proposing?

The Women and Equalities Committee continues to advocate for statutory bereavement leave for pre-24-week pregnancy losses, emphasising the need for legislative change to adequately support affected women and their partners. It has proposed amendments to the Bill to extend statutory parental bereavement leave and pay to employees for this purpose. 

The proposed amendments would ensure that protection is comprehensive, extending to those who experience miscarriage, ectopic pregnancy, molar pregnancy, IVF embryo transfer loss and terminations for medical reasons. The aim is that this additional leave would enable those who have suffered this loss to access the support they need. 

As noted by the Committee, in its current form the Bill does not propose amendments that would allow for statutory pay for this wider category of bereavement leave. The Committee have proposed amending social security legislation to allow for statutory pregnancy loss pay. 

Will this progress?

Similar proposals do not have a good record for reaching the statute book. But with such wholescale reform of employment law on the cards, will there be more appetite for change? If the amendments tabled by the Committee are accepted, they would arguably rank among the less controversial in the Bill and it will be interesting to watch how this progresses. 

What can employers do outside the statutory scheme?

Many employers are already one step ahead of any reform, with policies already in place to support women and their families after pregnancy loss, some providing for generous and flexible periods of paid leave. Research highlights the benefits of such policies, include a sense of support and ability to talk openly about pregnancy loss, to benefits in staff retention and engagement. 

In addition to leave and pay, as we have outlined in detail here, there are a range of other steps that employers can take to offer support where little is legally required:

• create an open and supportive culture
• put in a place specific pregnancy and baby loss policies 
• handle absence request compassionately 
• ensure benefits are available to all parents - regardless of gender or how they have got pregnant. 
• raise awareness 
• flag external support.

Domestic Abuse Leave

Another issue, primarily affecting women, that has been addressed in some other jurisdictions but not in Great Britain, is statutory leave associated with domestic abuse. For example, as we wrote here, in 2022 the Northern Ireland Assembly passed legislation granting victims of domestic abuse 10 days of paid leave each year. Consultation on regulations needed to operationalise this concluded last September with draft regulations now awaited. 

What is proposed?

Introduced as a private members' bill on 7 January 2025, the Domestic Abuse (Safe Leave) Bill aims to provide an entitlement to two weeks of paid safe leave for victims of domestic abuse. 

As noted in the speech introducing the Bill, dealing with the impact of domestic abuse can impact on someone’s attendance at work for a range of reasons. It may be that they take sick leave or need time off to attend court. And in terms of the financial impact on a victim, Women’s Aid estimates the cost of fleeing an abuser and building a new life to be almost £50,000 on average. 

Will this progress?

The reality is that most Private Members Bills do not reach the statute book. The proposal makes no mention of how the law would define the circumstances in which this right applies, which would not be simple. However, as was put to Parliament, its introduction is a valuable contribution to raising awareness that employers of domestic abuse victims have a crucial role to play in supporting and even protecting them. 

What can employers do outside the statutory scheme?

Managers and HR should be alert to the signs and symptoms of domestic abuse. This could include frequent lateness, an impact on performance or changes in the way an employee communicates, as well as physical signs. Of course, other personal circumstances could lie behind these but HR should feel empowered to discuss any signs with the employee. As with miscarriage leave, creating an open and supportive culture can help support employees throughout all major life events, including if they become a victim of domestic abuse. There is also a range of guidance available. For example, policies and guidance from the Employers’ Initiative on Domestic Abuse, or Business in the Community’s framework that promotes the 4 “R’s”: recognise, response, refer and record. 

Next steps?

Amidst a packed reform agenda, the likely path of both proposed reforms remains uncertain. However, the amendments tabled by the Women and Equality Committee and the Private Members Bill highlight important issues where employers can implement their own support structures outside of the statutory regime, demonstrating themselves as compassionate workplaces.