What the Employment Rights Act 2025 Means for Pregnancy Loss at Work

New legislation is coming. And for the first time in UK employment law, pregnancy loss before 24 weeks will be formally recognised as something that warrants proper workplace support.

The Employment Rights Act 2025 includes provisions for neonatal care leave and is expected to extend bereavement protections to cover pregnancy loss at any gestation. This is a significant shift. Until now, employees who experienced early miscarriage, ectopic pregnancy, or molar pregnancy had no statutory entitlement to bereavement leave. Many returned to work within days, often with nothing more than a sick note and a hope that nobody would ask questions.

That is about to change. But here is the question every employer should be asking: will you be ready?

What the Legislation Will Require

The details of secondary legislation are still being finalised, but the direction of travel is clear. Employers will need to provide a minimum standard of leave and support for employees affected by pregnancy loss, regardless of gestation. This will likely include paid bereavement leave, protection from detriment for taking that leave, and a requirement that employers handle these situations with reasonable sensitivity.

For many organisations, particularly those in the public sector and Higher Education, this will mean reviewing existing policies, updating manager guidance, and ensuring that the people responsible for supporting bereaved employees actually know what to do.

Compliance Is the Floor, Not the Ceiling

Here is what concerns me. When legislation like this arrives, the instinct for many organisations is to treat it as a compliance exercise. Update the policy. Add a paragraph. Tick the box.

But compliance without compassion is not support. It is administration.

An employee who loses a pregnancy at eight weeks does not need a policy document. They need a manager who knows what to say and what not to say. They need a return-to-work conversation that is human, not procedural. They need an organisation that understands that grief does not follow a policy timeline.

The legislation will set the minimum. What matters is what you build above it.

Where Most Organisations Fall Short

In my experience working with employers across Higher Education, the NHS, the public sector, and corporate organisations, the gaps tend to fall in four areas.

First, policy and language. Many organisations still do not mention pregnancy loss explicitly in their bereavement or leave policies. If it is not named, it is invisible. And invisible grief is unsupported grief.

Second, manager readiness. Most line managers have never been trained in how to respond to pregnancy loss. They are afraid of saying the wrong thing, so they say nothing. Or they default to HR-speak that feels cold and procedural when what is needed is warmth and presence.

Third, communication and awareness. Even where good policies exist, employees often do not know about them. If someone has to search for support during the worst week of their life, the system has already failed them.

Fourth, support beyond the initial leave period. The first week gets attention. Then the organisation moves on. But grief does not work to a schedule. Due dates, anniversaries, other people’s pregnancy announcements — these can trigger intense responses months later. Good support is sustained, not episodic.

What Good Looks Like

Good pregnancy loss support is not complicated. It requires policy that names the experience explicitly, managers who are trained and confident enough to have compassionate conversations, clear communication so that employees know what is available to them, and ongoing awareness that grief has a long tail.

I have created a free checklist called “What Good Looks Like” that helps HR and wellbeing teams sense-check their approach across these four areas. It is not a judgement tool. It is a starting point.

The Window Is Now

The legislative timeline means that employers have a window — right now — to get ahead of this. Not to scramble when the regulations land, but to build something thoughtful and lasting before they are required to.

The organisations that move now will not only be compliant. They will be the ones their employees trust. And trust, once built, is the foundation of everything else.

Download the free “What Good Looks Like” checklist at www.campioncoachingconsultancy.com/what-good-looks-like-checklist Or book a discovery call to discuss how I can support your organisation: www.campioncoachingconsultancy.com/booking-calendar/discovery-call