Bereavement in the workplace

Bereavement in the workplace is a delicate matter, and in order to support a grieving employee it helps to understand your legal responsibilities. Section 57(A) of the Employment Rights Act 1996 gives an employee ‘reasonable’ time off work to deal with an emergency, such as a bereavement¹.

However, the law doesn’t define the term ‘reasonable’, so it’s left to the discretion of the employer. In addition, employers are not required by law to pay for an employee’s leave, but most companies offer five days paid leave¹.

It’s important to have a plan in place that puts the employee first and demonstrates your patience and understanding. We look at how you can ease a bereaved employee through their grief.

Communication

If one of your employees loses someone they love, as an employer you can support them by making it clear they are not expected back at work until they feel ready. Ask them if they would prefer to stay in touch by email or phone, and if they wish you to tell their colleagues. This information is private under the Data Protection Act, so be aware of that if you do inform the workforce.

Discrimination

As an employer, you must treat all employees’ compassionate leave equally and not discriminate between staff under the Equality Act 2010. This includes employees who experience mental health problems, such as anxiety and depression, as a consequence of bereavement.

Returning to work

When an employee returns to work, be mindful that they may be distracted and emotional. Grief doesn't have a time limit and an employee’s mental health, absenteeism and performance may be affected for many months. Regularly check in with them and discuss ways you can help make the transition easier, such as allowing them to work part time temporarily.

Depression

Depression brought on by grief is common. As an employer, you are expected to take reasonable actions to accommodate a person’s needs. Encourage your employee to see their GP if you believe they are suffering from depression. If your business offers healthcare insurance that includes counselling, gently discuss the possibility of your employee seeking help from a professional.

There is no catch-all policy for supporting a bereaved employee, but approaching each case with compassion, understanding and flexibility will help them feel valued. Be mindful of a bereaved employee’s behaviour over the course of the following 12 months, looking for signs of depression or anxiety and to check in with them regularly to gauge how they are feeling.

For more information on Bupa’s Health and Wellbeing products and services, please speak to our small business team.