Parental Bereavement (Leave and Pay) Bill

Bob Stewart Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Kevin Hollinrake]

My hon. Friend is absolutely right. Of course, most employers do the right thing, working with the people affected so that they get whatever support and time off they need, and maintaining their levels of pay through that period of time.

During our consultations on the Bill, our excellent parliamentary digital engagement team facilitated a Facebook debate, in which I took part. Some charities and the campaign organisation, 38 Degrees, also provided us with a number of examples of employers and line managers who offered inappropriate levels of support. For instance, a parent told us that their employer— an NHS body—offered them only five days’ leave following the sudden passing of their youngest daughter, with any additional time having to be taken as annual leave. Brendan from Newcastle told us that he did not get any paid leave and was sacked nine months later. Gillian from Milton Keynes did not receive the appropriate support when she lost her daughter 13 years ago. She told us that the measures proposed in the Bill would have meant that she and her partner could have grieved together, and provided help and support for their other children.

No employee should even have to think about being at work when they desperately need some time away to grieve for a lost child. Yet according to a Rainbow Trust survey, around 9% of parents said that their employer was not at all supportive. I ask those employers to consider their position. What is the point of having a parent in the workplace who has had no time off to grieve? What effect do those employers think it has on the bereaved parents’ attitude to their workplace and, indeed, on other people in the workplace? I strongly recommend that all employers and managers read the excellent ACAS guidelines on bereavement, which clearly detail best practice for financial and emotional support.

I will now set out the detail of the Bill. The Bill will provide two weeks’ leave for all employees who lose a child below the age of 18. This will be a day-one right. Those key points are established on the face of the Bill, which deliberately leaves some other details to regulations. This leave will be protected and a person should suffer no form of detriment in the event that they find themselves having to take the leave. Crucially, the Bill will give parents an important choice, allowing them to make a decision on what is best for their needs, when they might otherwise be reliant on the good will of their employer.

[Bob Stewart (Beckenham) (Con)]

I am very, very happy to say that it has never happened to me, and I grieve for all those to whom it has happened. I have heard of other cases where young men and women have been killed, and sometimes the parents do not want to stop working. They do not have to stop working if they feel that continuing may be better in helping them to get over the loss.

Parental Bereavement (Leave and Pay) Bill

Bob Stewart Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 11th May 2018 Commons Chamber

[Scott Mann (North Cornwall) (Con)]

It is not often that we get to our feet in this place to ask the question: why was this not done before? It is abundantly clear to me that we are doing the right thing today. It is a pleasure to follow the shadow Minister, and I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on introducing this important Bill and getting it to this stage. I also congratulate my hon. Friend the Member for Colchester (Will Quince), who originally introduced this Bill in the last Parliament. He has been a big voice in this place for bereaved parents.

Losing a child is the most traumatic thing that can happen to a parent, and it is right that we introduce safeguards for bereaved parents going through such a painful and unimaginable experience. Parental bereavement has been brought into sharp focus since the start of the 2015 Parliament, notably by my hon. Friends the Members for Colchester and for Eddisbury (Antoinette Sandbach), who have both shared their experiences in a number of debates. I remember when my hon. Friend the Member for Colchester led an Adjournment debate on maternity units and bereavement care in November 2015. The accounts that he and my hon. Friend the Member for Eddisbury gave then significantly raised the profile of parental bereavement.

Since then, my hon. Friends and many others have taken part in debates and continued to campaign in support of bereaved parents. I have no doubt that that campaign led to the Conservative manifesto commitment to ensure that all families who lose a child are entitled to bereavement leave and pay. There has clearly been a lack of support for bereaved parents. I have no doubt that the campaigning on the issue by Members from all parties—including, notably, my hon. Friend the Member for Thirsk and Malton—has led to the introduction of this Bill.

Currently, if someone loses a child, they have to rely on holiday leave, or compassionate leave, at their employer’s discretion. Alternatively, they could take unpaid leave for a reasonable amount of time, as permitted under the Employment Rights Act 1996. This situation is clearly inappropriate. A bereaved parent should not have to use holiday pay or take unpaid leave at such a traumatic time in their life.

[Bob Stewart (Beckenham) (Con)]

It strikes me that we should also pay great tribute to the employers who give people as much time as they possibly can, fully paid. That happens so often these days, so only a small percentage of people will require the statutory two weeks’ leave.

[Scott Mann]

My hon. Friend is exactly right: we are dealing with only a small proportion of employers. Many great employers throughout the country would make such provision for their staff.

ACAS has advised that employers should have a duty of care, taking account of instances of bereavement, but it is right that we back that up with statute and give everyone a legal right to bereavement leave. That is why I wholeheartedly support the Bill. I am very pleased that the Government have introduced it and that it has cross-party support. It is a pleasure to be here to see the Bill make progress.

Statutory bereavement leave is a reasonably common right throughout Europe and among many other countries. I welcome the fact that the Bill goes significantly further than the rights that other countries provide for employees. It is right that the UK leads the way on this matter. I particularly welcome the provision of two weeks’ minimum bereavement leave, which will give parents sufficient time away from work to grieve with their family. It will also make easier the unenviable task of planning a funeral. It is a minimum period, and it is hoped that many employers throughout this great country will be able to afford to give people more than two weeks to get their affairs in order.

I welcome the fact that an employee who has been employed for 26 weeks will have a statutory right to bereavement pay, as well as bereavement leave. I also welcome the fact that employees who take parental bereavement leave will have the same employment protections that apply for other types of family-related leave, such as maternity and paternity leave. They will be protected from dismissal and detriment as a result of taking bereavement leave, which would be wrong.

One question before us today has been about the definition of a parent, which my hon. Friend the Member for Torbay (Kevin Foster) talked about, and how it should be covered by the legislation. It is right that the Government will take some time to consider that question and consult on it.

I welcome the amendment that was made in Committee to ensure that the definition of a child includes stillborn babies after 24 weeks’ pregnancy. Stillborn births are extremely traumatic for an expectant couple, and it is right that they should be afforded the same bereavement leave as those who lose a child in other circumstances.

It is important that parental bereavement leave works for employers as well as for employees. I am glad that the Government are currently consulting on the definition of a bereaved parent, on how and when they can take the leave and on notice and evidence requirements. I hope that some of my constituents who have either experienced the loss of a child or who own a business take part in this consultation to shape the bereavement leave policy.

I welcome and support this Bill today. I once again congratulate both my hon. Friend the Member for Thirsk and Malton on getting the Bill to this stage and other Members who have campaigned on this issue. Bereavement leave should be in place for all families who lose a child, and I will support the Bill on Third Reading today.