Hiring in the UK? How New Bereavement Leave Rules Affect Remote Teams

What Is the Paternity Leave (Bereavement) Act and Why It Matters

The Paternity Leave (Bereavement) Act 2024 amends existing UK employment rights so that in specified bereavement circumstances, a father or partner can take statutory paternity leave from day one of employment without needing a qualifying period of service. (Howarths HR)

The Act came into force on 29 December 2025 via the Paternity Leave (Bereavement) Act 2024 (Commencement) Regulations 2025. (Howarths HR)

This is an early piece of family-friendly reform ahead of wider changes expected under the Employment Rights Bill, including broader day-one paternity and parental leave rights from April 2026. (Stallard Kane)

For foreign employers hiring remote UK talent, this change signals how UK law continues to evolve toward more accessible family-leave rights and careful treatment of bereavement cases.

What Exactly Has Changed

Day-One Paternity Leave in Bereavement Cases

Previously, an employee had to complete a qualifying period of continuous service (typically 26 weeks) to be eligible for statutory paternity leave. (GOV.UK)

Under the Paternity Leave (Bereavement) Act:

• If a mother or adopter dies in childbirth, or within one year of birth or adoption, the surviving father or partner can take statutory paternity leave regardless of their length of service. (Howarths HR)
• The prior restriction that paternity leave could not be taken after shared parental leave in these bereavement cases has also been removed. (Howarths HR)

This means that in this specific and sensitive situation, UK law prioritises time to grieve and family support over length-of-service requirements.

Leave vs Pay: Two Separate Tests

Legal experts emphasise that the new entitlement affects paternity leave, not Statutory Paternity Pay. (Coodes Solicitors)

• Leave entitlement can arise on day one in bereavement cases. (Howarths HR)
• Statutory Paternity Pay eligibility, however, still depends on meeting the service and earnings criteria under the existing framework. (Coodes Solicitors)

This means an employee might be entitled to paternity leave but not necessarily entitled to statutory pay if they do not meet the pay eligibility thresholds.

How Employers Are Advised to Respond

Legal advisers recommend that employers should:

• Review and update paternity leave policies and handbooks to reflect the change. (Coodes Solicitors)
• Train HR and line managers so they understand when this day-one entitlement applies and how to handle requests sensitively and compliantly. (Coodes Solicitors)
• Document internal procedures and ensure compassionate handling of bereavement requests while complying with statutory rules. (Coodes Solicitors)

While the practical impact is expected to be limited to a small number of cases, clarity and preparedness ensure fairness and reduce missteps.

How This Fits into Broader Leave Reforms

This specific reform is a precursor to wider changes planned under the UK’s broader employment rights agenda:

• From April 2026, reforms are expected to give day-one rights to paternity leave, unpaid parental leave, and remove qualifying periods for these entitlements more generally. (Stallard Kane)
• Flexible sequencing between shared parental leave and paternity leave will increase, offering greater flexibility for families. (Stallard Kane)
• A new statutory right to broader bereavement leave (beyond child loss) is also under active consideration, with further details expected after consultations. (Make UK)

These evolving rights reflect a UK policy trend toward supporting families and work-life balance for all workers, including remote and international hires.

Practical Implications for Foreign Employers

Hiring UK-based remote employees means becoming familiar with UK employment rights. Even a limited rule like this one highlights how:

• UK law can override qualifying service requirements in specific situations. (Howarths HR)
• Employers must anticipate and adapt to changes that affect payroll, leave administration, internal policies, and HR training. (Coodes Solicitors)
• Misunderstanding leave entitlements and pay will create confusion, inconsistent treatment, and risk of disputes.

Rather than react on the fly each time the law changes, a proactive approach includes:

• Updating employment contracts and manuals
• Communicating changes to existing UK staff
• Training managers to handle requests with legal and emotional sensitivity

At its core, compliance enhances employee trust and strengthens your employer brand in a competitive talent market.

How an Employer of Record Helps

Managing UK employment rights as a foreign employer can be complex, especially when laws continue to evolve. An Employer of Record (EOR) in the UK like Tarmack can help by:

• Ensuring HR policies and contracts reflect the latest legal requirements
• Managing payroll, statutory leave administration, and reporting
• Advising on compliance and best practice
• Freeing your team to focus on business objectives, not regulatory detail

With an EOR, you gain peace of mind that local employment rights, whether well-known or niche like the Paternity Leave (Bereavement) Act, are consistently administered.

Conclusion

The Paternity Leave (Bereavement) Act represents a thoughtful adjustment in UK employment law that recognises the importance of family and bereavement support. While its direct impact may be narrow, it points to wider ongoing reforms that will increase rights for parents and caregivers.

For foreign employers hiring UK-based remote talent, this is a reminder that UK employment law evolves and can influence business practices in meaningful ways. Being prepared, updating documentation, and partnering with local expertise such as an EOR makes compliance manageable and positions your organisation as a trusted employer in a competitive global talent landscape.

This update is provided for informational purposes only. For any questions or personalized advice, please reach out to our team.