Terms and Conditions of Employment

Asked whether adults intending to adopt a child who is later stillborn or dies would be covered if there had been an objection to the adoption. Paul Scully responded by stating that consideration went into how to define bereaved parents and provisions were extended after discussions on the private Member’s Bill of Kevin Hollinrake.

The draft regulations will provide two weeks off work for bereaved parents, with a 56-week window from the date of death or stillbirth to take leave. The notice period required is minimal and will not be a barrier to taking time off. No evidence other than written self-declaration is needed to access entitlements.

Welcomed the introduction of statutory bereavement leave and pay but raised issues such as the exclusion of non-employees from provisions, including those on zero-hours contracts. Labour wants to create a single status of “worker” for all provisions. The regulations apply only to employees who have completed six months of service for pay entitlements.

Acknowledged that while the regulations provide a minimum standard, most employers are considerate in such circumstances and will go beyond what is required by law. The changes act as a floor rather than a ceiling for employer responsibilities.

Thanked the hon. Member for his comments, emphasising that this should be a broader conversation with employers. Mentioned that about 1,000 parents annually will not qualify for bereavement pay and asked if the Government could revisit day one provision extension specifically in that area. Discussed regulations allowing two weeks of statutory parental bereavement leave following maternity or paternity leave within 56 weeks of loss. Believed all workers should have day one rights, arbitrary timescales shouldn’t apply to bereavement provisions. Urged employers to recognise arguments and offer full support at key times such as anniversary days. Noted that not all parents are aware of their rights, especially those in low-paid work, and suggested systematic approaches for awareness. Concluded by stating the Opposition's support for regulations.

Acknowledged many people inspired his legislation, including colleagues like Will Quince who tried to introduce such a measure previously. Noted that constituents drew attention to their tragedies, citing examples of Annika and James Dowson, and Luke and Ruthie Heron. Paid tribute to Lucy Herd whose little son Jack’s law is named after him. Acknowledged the swift passage of the Bill through Parliament. Emphasised that showing compassion at such times was good employment practice. Thanked Members for their support in advancing the legislation.

Welcomed measures across the House but noted they do not go far enough. Paid tribute to Antoinette Sandbach for her work on parental bereavement and baby loss. Acknowledged that these measures right a wrong by providing legal recognition for bereaved parents facing no paid leave previously. Noted the importance of flexibility in when paid leave could be taken, welcoming the Minister's comments about it. Hoped at some point the Government would revisit this to develop a more sensitive package. Wished for provisions to cover offspring beyond 18 years and expressed hope that the scope is expanded.

Thanked Members for their contributions to the debate on Statutory Instruments for Parental Bereavement Leave and Pay. Emphasised that these provisions provide parents with an important choice, allowing them time to grieve after a tragic loss without fear of returning to work too soon. Addressed concerns regarding adoptive parents who may have applied for adoption but had their applications rejected by clarifying that such individuals would qualify if the child has been living with and cared for by them for at least four weeks. Mentioned plans to review inequalities between self-employed and employed people in terms of bereavement support under the employment Bill coming up. Stated that regulations aim to mirror existing parental statutory pay entitlements, providing a minimum standard below which employers should not fall.

Asked about the adequacy of bereavement measures and whether they reflect the true nature of grief for employees with less than six months' service. Inquired if the Minister would review these provisions.

Confirmed that all matters will be kept under review to ensure continuous improvement in workplace support for bereavement. Emphasised that while the new entitlement is a statutory minimum, employers should strive to offer more comprehensive support. Agreed with the need for extending provisions on loss of parents in the upcoming employment Bill and encouraged employers to engage with ACAS guidance. Discussed systematic approaches to informing parents about their rights, including briefings for NHS staff by stakeholders like Sands charity. Acknowledged Patricia Gibson's contribution and her amendment to include stillbirth in the provisions. Addressed concerns regarding extending provisions to children over 18 years old, explaining that this was based on deliverability and affordability considerations.