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Government publishes bereavement leave consultation response

The Employment Rights Act 2025 ("ERA") introduces a new statutory day-one right to unpaid bereavement leave. On 22 September 2026, the Government published its consultation response, providing further detail on how the new entitlement will operate in practice when it comes into force in April 2027.

What is the new right?

Employees will be entitled to two weeks of unpaid bereavement leave in the event of the death of a qualifying relative or pregnancy loss which occurs before 24 weeks.

Employers may offer paid or additional bereavement leave beyond the statutory minimum at their discretion.

Who is covered?

Leave will be available to employees who experience a bereavement of immediate family members, including spouses, civil partners, partners in a committed long-term relationship (cohabiting or non-cohabiting), parents, adult children and siblings (in each case including biological, adopted, step and half), plus any equivalent parental relationship arising from kinship arrangements and foster care. This is a broader definition of eligible relationships than is used in the existing rights to time off for dependants and carer’s leave. It reflects the Government’s aim of recognising the diverse nature of modern family dynamics.

For pregnancy loss before 24 weeks (including termination and IVF embryo transfer loss), the pregnant person qualifies, as does a spouse, civil partner, other parent or partner (who is in a committed long-term relationship), intended co-parents and intended parents in surrogacy arrangements. In its consultation response, the Government recognised that the impact of pregnancy loss is not limited to the person who experiences it which is reflected in the broad scope of individuals who are entitled to take leave.

What is the duration of the leave?

There will be an entitlement to up to two weeks of unpaid leave (prorated to the employee's usual working pattern). That leave can be taken at any time (including discontinuously, in units of one day) within the period of 56 weeks after the death or the date upon which the employee first had knowledge of the death. The Government has confirmed that this is to allow employees to take leave during difficult periods, such as birthdays, due dates and the first anniversary of a loved one's passing.

How much notice is required?

During the first eight weeks following the loss, the employee must notify their employer before they would normally start work that day (or as soon as reasonably possible afterwards). Beyond eight weeks, one week's notice is required. There is no prescribed form of notice.

Is the employee required to present any evidence?

The Government has decided that employees will not be required to provide evidence of a bereavement to their employer in order to be able to access the leave. Whilst this approach may create scope for misuse, the Government considered that requiring evidence to be provided would place an undue burden on employees and unduly restrict access to bereavement leave.

How can employers prepare?

Whilst the new right will not come into force until April 2027, employers should prepare now to ensure that relevant policies, procedures and training are in place ahead of implementation. In particular, employers should:

• review and update the relevant provisions in staff handbooks and employment contracts;

• train managers on the scope of the new entitlement and how to respond appropriately to any requests;

• consider how bereavement leave requests will be managed in practice, particularly where leave is taken at short notice or on an intermittent basis.

To discuss any of the matters discussed in the above article in further detail, please contact Alex Peltiez or another member of the Employment team.

Revised start date for the new trade union information duty

The Government’s original timetable for the Employment Rights Act 2025 provided for the duty to inform workers of their right to join a trade union to come into force on 30 October 2026. The implementation date has now been pushed back to January 2027.

Alongside the revised timetable, the Government has published its response to the consultation on the duty, providing further detail on how it will operate in practice. This article examines that information and considers the implications for employers.

The statement

The Government has announced that it will provide the wording of the statement which will include the following core elements:

• An overview of the functions of a trade union;

• Details and contact information for recognised trade unions;

• Details of statutory access agreements;

• The Certification Officer's publicly available list of trade unions; and

• A summary of statutory rights relating to membership.

Employers will be required to issue this statement with alterations limited to only 'workplace specific information'.

Delivery

The statement must be delivered at the start of employment, alongside any given employee's employment contract. For existing employees, employers may provide the statement either directly or indirectly, provided the latter case remains reasonably accessible for the worker. The consultation found that providing the statement directly would be an effective way of ensuring that the information is communicated in a clear, reliable way, however, a proportion of individuals also highlighted that indirect methods of communication (such as through the intranet or noticeboards) may increase the likelihood of employees engaging with the information. Accordingly, employers will be granted an element of flexibility in the delivery of the right.

Frequency of delivery

Employers will be expected to deliver the statement by 5 April each year. Where indirect methods of delivery have been chosen, employers must issue an annual reminder to workers and, if there is a change of location of the statement, workers must be notified within one month of the change. Additionally, if there is a change in identity of recognised trade unions, trade unions with statutory access agreements or the relevant union contact details, the statement will be required to be reissued within one month of the change.

Practical steps for employers

Whilst the duty does not come into force until January 2027, employers should prepare for the new duty by:

• identifying a suitable and reasonably accessible method of providing the statement to existing workers;

• assigning responsibility for issuing the statement and the annual reminder by 5 April each year;

• maintaining accurate records of when and how the statement and any reminders are provided; and

• putting a process in place to monitor changes to the statement’s location, recognised trade unions, statutory access agreements and relevant union contact details, so that any required notification or reissue can be completed within one month. 

Hancox v Sutherland

The Employment Appeal Tribunal ("EAT") recently handed down its decision in Hancox v Sutherland & Ors [2026] EAT 139, providing interesting insight into the use of Artificial Intelligence ("AI") in Employment proceedings. For employers, this judgment is significant because AI-driven grievances, disciplinary appeals and tribunal claims are becoming increasingly common. The EAT's message is clear: AI can be used, but responsibility for the final document remains firmly with the person submitting it.

Background

Mr Hancox was dismissed by the National Farmers' Union during his probationary period and subsequently brought multiple Employment Tribunal claims, including whistleblowing and disability discrimination claims. His claims against four individual respondents were struck out after the tribunal concluded that his extensive social media activity concerning the litigation meant that a fair trial was no longer possible.

Hancox appealed. Two days before the preliminary hearing, Hancox submitted a skeleton argument generated using AI. It was approximately 300 pages long and nearly 132,000 words. The EAT Practice Direction is that skeleton arguments should be between 5-15 pages long. Hancox also invited the respondents to identify any factual inaccuracies, errors or incorrect citations before the hearing. The tribunal and the respondents therefore faced a document that was dramatically longer than expected and that failed to comply with procedural requirements.

The Decision

The EAT described the document as "entirely unacceptable" and said it served to "obscure rather than illuminate" the issues. The EAT emphasised that all litigants, whether represented or not, must comply with procedural rules and Practice Directions. However, the EAT did not throw out the appeal, as it concluded that one ground is reasonably arguable and so it proceeds to a full hearing.

The EAT did not criticise the use of AI itself. It recognised that generative AI may assist litigants, particularly those without access to legal advice, and may improve access to justice. The primary concern was the absence of human oversight. The EAT warned that AI can produce material that is inaccurate, excessively long, irrelevant or misleading. It may also generate fictitious authorities or citations.

The EAT set out three minimum requirements for anyone using AI when preparing court or tribunal documents:

1. The document must comply with procedural rules or directions.

2. The document must be checked as thoroughly as reasonably possible for factual and legal inaccuracy.

3. The document must focus on the relevant issues and avoid unnecessary repetition.

The EAT emphasised that users cannot pass responsibility for checking AI-generated content to the opponents or the tribunal. The person filing the document remains accountable for its contents.

Key takeaways

Expect more AI-generated documents

The practical significance of Hancox extends beyond tribunal proceedings. Most AI-assisted Employment Tribunal claim forms begin life as AI-assisted grievances, disciplinary responses or internal appeals. Employees have instant access to tools capable of producing lengthy and sophisticated looking submissions at minimal cost. HR teams should expect to see more documents that appear to have a legal basis but may contain inaccuracies, irrelevant information or unnecessary volume.

AI is here to stay

Hancox is not a warning against using AI, it is a warning against relying on it without proper human review. The courts are attempting to regulate AI use rather than prohibit it. The EAT emphasised that generative AI has legitimate uses and may be beneficial when properly supervised. The challenge for employers will be developing practical processes to identify genuine issues quickly, filter out irrelevant material and ensure investigations remain focused on the facts.

Q: Can we refuse annual leave during a busy period?

A: Yes.  Employers can refuse a holiday request where there is a legitimate business reason for doing so, provided they give the required notice. Before refusing a request, check the employee's contract and any applicable holiday policy, apply the approach consistently, and communicate the decision promptly. Employers should also ensure that employees are still able to take their statutory holiday entitlement during the relevant leave year.