Grief can have a debilitating effect on people and their performance at work. Kavitha Sivasubramaniam says that with the new bereavement rights promised by the Labour government, it is now a good moment for employers to make sure their current provisions are suitable for purpose.
The arrival of Christmas can be difficult for those who have lost someone close to them. Their loss will be felt more keenly.
Grief and loss are not limited to certain seasons. They can strike at any time of the year.
National Grief Awareness Week is an opportunity for individuals, communities, and businesses to better understand the grieving process. It will take place from 2-8 December 2024.
Employers in particular can use this opportunity to eliminate the stigma surrounding the issue, promote open and honest discussions and create a supportive work environment.
Many organizations also offer paid or unpaid leave of absence in the event that a close family member dies. They recognise the importance of showing compassion in these circumstances.
While some employers may have put in place policies to help grieving employees, they are not legally required to do so.
In the UK, employees do not have a legal right to bereavement pay unless their child dies before the age of 18. However, this is likely to change.
According to the Employment Rights Bill announced by the new government, employees will soon be entitled to paid leave for bereavement. The new legislation will allow employees to take a week of paid bereavement when the death occurs to someone other than their child. Regulations will detail which relatives are eligible for this benefit.
Employee Rights
parental leave of bereavement was introduced in 2020 and provides eligible employees with up to two week’s paid leave at the same rate that statutory paternity leave is paid.
Employees are entitled to “reasonable” time off without pay in response to the death of someone they care about, such as a parent, child, spouse, civil partnership, or anyone living in the same house. However, the amount of unpaid leave is up to the employer.
Rachel Hatton explains that an employer has no legal obligation to provide support to employees, except for morally. They may want to give the employee the most time possible to deal with the loss. They might also wish to offer counselling, keep their benefits and pay (if it is feasible), and maintain regular contact so the employee does not feel alienated.
While there is a general consensus that employers must offer bereavement leave, the legislation issue has divided opinion. Lesley Cooper is the founder and CEO at specialist business consultancy WorkingWell. She does not believe that employers should be required by law to provide leave.
She said: “My honest opinion is that there shouldn’t be a law if employees are required to have time off to grieve. There is something culturally wrong if they need to be protected by the law. In times of sadness, work and company can provide comfort and distraction. However, it can also be difficult to function in such a situation.
“Employers are more likely to be engaged and loyal when they allow employees to adjust and process loss without being forced to do so by law.”
Richard Stone, the managing director of PR agency Stone Junction, believes that employees should have bereavement legal rights.
The current situation is almost comical. “We are trying to solve the hardest problem that most people will face, and we’re doing it with the same time off as you would take to go to a music concert,” says he.
“Grief cannot be rushed. The UK’s current laws don’t give people enough time to deal with their grief after the loss of a loved-one. Bereavement should be a right and not an extravagance.”
Wide-ranging effects
Employers must remember that a bereavement has a wide range of effects, including on the bereaved employee, their colleagues, and the workplace as a whole.
Mark Wood, Chairman of Everest Funeral Concierge Service, said: “The grief associated with bereavement can be debilitating, as people have to adjust to their new reality. Nobody can predict the way they will react.” It is important to not underestimate the physical and psychological effects.
Caroline Taylor, clinical lead at Onebright UK, an outpatient mental health provider, describes the seven stages. She explains that some people find it hard to move on from a certain stage.
She said: “Grief, and bereavement is everywhere.” It is unlikely that anyone will escape the sadness and loss of a loved one who has died. It is likely that they’ve done so, more than once.
Taylor says that it’s important to know the signs of a ‘normal’ mourning process and when this process is’stuck.’
There are people who, sadly, continue to experience bereavement, resulting in difficulties with their functioning and well-being. This can affect their work life by causing them to not want to work or to overwork, or to be unable to perform certain tasks.
Cooper says that managers find it difficult to deal effectively with the emotions of employees who have suffered a bereavement.
She says that because everyone experiences loss and bereavement differently, managers and HR policies must be flexible to meet the needs of each individual. This means being flexible in how you manage and lead, being ready for bad and good days, for setbacks and changes in performance. It also means being prepared to cry during meetings or go home unexpectedly.
Cooper advises employers also to respect employees’ needs, including their need for space, to establish boundaries, whether they are at home or hybrid, to remain in the office.
She continues: “This flexibility and understanding offered to employees who are grieving should be seen as an investment for future performance.”
Policy and provisions
Most employers already have a policy for bereavement, but if you don’t, it is important to get one in place as soon as possible. This will ensure that your employees are prepared if the time comes.
Rena Magdani is the national head of employment pensions and immigration for UK law firm Freeths. She says : “This gives managers guidance and helps them to make consistent decisions, such as about bereavement leaves, which reduces the risk of discrimination.
While payment terms may need to be fixed for all employees, managers and employers should keep in mind that different grievances will affect people differently and at different times. Therefore, some flexibility might be appropriate (e.g., taking additional unpaid leaves).
Sarah Kerr is a technical HR consultant with AdviserPlus. She believes that a modern policy for bereavement should be inclusive and comprehensive. She says that in addition to allowing leave for immediate family members who have died, the policy should also cover specific situations such as stillbirths, miscarriages, and parental grief. Some organisations offer leave in the event of the death or close friend, pet, or extended family member. They do this because they understand the impact that such losses can cause.
It is important to acknowledge the cultural and religious differences that affect how people grieve. Some employees might need time off to observe extended mourning or perform specific rituals. A flexible bereavement plan should allow managers to adjust the policy based on their individual needs rather than a rigid one-size fits all approach. “Ensure that all employees are supported, regardless of their cultural or personal background.”
Training
Wood explains that there are two types of support employers should take into consideration: emotional and practical.
A competent, caring employer will provide this. He says it is a best practice and makes perfect sense.
Magdani recommends directing staff to resources and services, such as employee assistance programs provided by employers or publically accessible sources of support.
Magdani says that training and supporting managers is important. This can include ensuring managers are aware and understand the policies in place, helping them be compassionate and aware of grief’s complexities, helping managers deal with an initial response to a bereavement of a worker, making managers aware of religious and cultural practices, and assisting managers to continue to provide support even after the initial bereavement period.
Stone states: “Bereavement Support is an essential component of a compassionate work environment.” It’s more than just offering time off. It’s about making sure employees feel supported emotionally during a tough period.
Employees who are dealing with a personal loss at Stone Junction have flexible options. It could be paid leave for bereavement, flexible hours or additional resources to help with wellbeing, depending on individual needs.
Stone continues : It’s simple. If employees are forced to go back to work when they are still grieving, then their productivity will suffer and their quality of work will decline. A clearly defined, legally mandated policy on bereavement creates a better work environment and reduces absenceeeism in the long run. It is also the right thing to do.”
No quick fix
Employers must be aware that bereavement can have a long-term effect on the affected individuals. Certain events or triggers may make it difficult for them to continue their normal work. It could be national celebrations such as Mother’s Day and Father’s Day. Or it could be personal milestones such as a loved-one’s birthday, or a wedding anniversary.
It is important to let employees know that support is available at all times and not only during a bereavement.
Wood says that good line managers will do this naturally.
He says, “Death is something we all experience but nobody ever talks about.”
Stone is a firm believer in the importance of clear communication regarding any policies. Stone adds that by making employees aware of support options, whether it’s through regular HR updates or onboarding materials, we can create a culture in which no one feels alone during a difficult time.
“Showing that you care about your team in difficult times will lead to a more resilient, loyal and devoted workforce.”
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