My Lords, this has been an important debate on a difficult and moving issue. I am pleased that the issue was raised at Prime Minister’s Questions by Tom Harris MP, as the noble Lord, Lord Knight, mentioned.
The death of a child is an event that no parent should have to experience and it is distressing to hear that some people are not given the time off work that they need. I was privileged recently to meet Lucy Herd, whose experience following the death of her son, Jack, was outlined so eloquently by the noble Lord, Lord Knight of Weymouth, at Second Reading and today. I found her story extremely moving and was greatly saddened to hear that her partner had not been able to take the time off that he needed to be at home with his family after his son had passed away.
The majority of employers respond to such an event with compassion and understanding, offering their employees the support that they need to take time off and to begin to deal with the consequences of the tragic event. I am pleased that the noble Lord, Lord Knight, recognises this. However, I accept that this is not the case for all parents. Even if such refusals of time off are very rare, they are naturally extremely upsetting for the individuals involved. I emphasise that an employer who does not enable a parent to take time off in order to take action that is necessary in consequence of the death of a child is acting unlawfully. The law is clear that the entitlement to emergency time off for dependants enables parents to take time off to take necessary action following the death of a child. The noble Lord, Lord Knight, raised the issue of the guidance on time off for dependants, which states that one or two days is sufficient. I reassure him that, as I mentioned in my response to the previous debate, we have recently amended the guidance to make it clear that the entitlement is to a reasonable amount of time off.
When a child dies, many processes need to be completed. These would be complicated and distressing at the best of times. I am sure that when a parent is trying to deal with shock and grief following the death of their child, this can be extremely challenging. It is right that parents are able to take time off to deal with these arrangements, and the law clearly provides for that. There is, however, no legal entitlement to statutory time off to grieve. Grief is an extremely personal issue and affects people in very different ways and at different times. For some people, returning to work immediately after a death is a distraction from difficulties at home. Others may need time off at a later date. Parents are best placed to understand their individual needs, and good employers will respond to requests made by their employees in the most appropriate and sensitive way. It would not be possible to legislate to accommodate the varied needs of individuals.
Research conducted by the Chartered Institute of Personnel and Development demonstrates that many companies have a policy in place for enabling employees to take time off for special and compassionate leave. In addition to leave available as a matter of policy, further time off may often be taken at the discretion of the line manager. Organisations that do not have a policy in place may find it challenging to meet the needs of bereaved employees at what we can all agree
is a particularly difficult time. This may be compounded by a lack of understanding about the different religious beliefs and practices of their employees, which often influence grieving and funeral arrangements.
The Government are committed to giving employers the tools and support that they need in all aspects of their relationships with their employees. There is a clear need for guidance to support employers to develop company policies or approaches for time off for bereaved employees. The Government are currently exploring the best way to do this and will bring forward a concrete proposal shortly. I am pleased to announce that the timetable will be available on Report and we can share our approach with the House then.
I am grateful to the noble Lord, Lord Knight of Weymouth, for bringing this important matter to the attention of the Committee. I hope that he and indeed Lucy Herd are reassured by the commitment to bring forward guidance. In the mean time, I ask him to withdraw his amendment.
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