Claim fa9dc1f5Checked 21 Jul 2026
Partly True/FalseOn the truth scale
“Workers have bereavement leave from their first day.”
Reasoning & Evidence21 Jul 2026
The claim "Workers have bereavement leave from their first day" is made in the context of Prime Minister Starmer listing his government's achievements, using present tense ("have") which implies the right is currently in effect.
**What the legislation says:**
The Employment Rights Act 2025 (passed on 18 December 2025) includes Section 18, which establishes a new "day one" right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss. This is a genuine legislative achievement — the Act creates the legal framework for day-one bereavement leave.
**What is actually in force as of June 2026:**
However, the bereavement leave entitlement itself is **not yet in force**. According to the government's own factsheet, "Extended Bereavement leave (including pregnancy loss)" is expected to commence in **2027**. The first Commencement Regulations (SI 2026/3) brought certain provisions of Section 18 into force on 18 February 2026, but only "for the purposes of making regulations" — meaning the Secretary of State gained the power to make secondary legislation, not that workers gained the right to take leave. The consultation on the details of the entitlement closed on 15 January 2026, and secondary regulations still need to be made before the right becomes exercisable.
Acas, the official employment advice body, confirms: "There will be a new right to statutory bereavement leave. The leave will be unpaid. **This will happen in 2027**."
**Partial exceptions:**
There is a separate, narrow "Bereaved Partner's Paternity Leave" that did come into force on 6 April 2026 and is a day-one right — but it applies only to partners who lose the mother/primary carer of a child within the first year of the child's life. This is not general bereavement leave. The pre-existing Parental Bereavement Leave (for loss of a child under 18) requires 26 weeks of service and is therefore not a day-one right.
**Conclusion:**
The Employment Rights Act 2025 has been passed, establishing the legal framework for day-one bereavement leave — a genuine legislative accomplishment. However, the claim uses present tense ("workers have"), which is misleading because the right is not yet in force and will not be until 2027, pending secondary legislation. Workers cannot currently exercise a general day-one bereavement leave right.
Sources:
- Employment Rights Act 2025, Section 18 (legislation.gov.uk): https://www.legislation.gov.uk/ukpga/2025/36/section/18/enacted
- The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026 (legislation.gov.uk): https://www.legislation.gov.uk/uksi/2026/3
- Acas – Employment Rights Act 2025: https://www.acas.org.uk/employment-rights-act-2025
- GOV.UK Factsheet: Bereavement, Paternity and Unpaid Parental Leave: https://assets.publishing.service.gov.uk/media/69613116d6532b76df7dcd89/bereavement-paternity-and-unpaid-parental-leave.pdf
- GOV.UK – Make Work Pay: Consultation on Leave for Bereavement including Pregnancy Loss: https://www.gov.uk/government/consultations/make-work-pay-leave-for-bereavement-including-pregnancy-loss
- GOV.UK – Millions of workers get new access to sick pay and parental leave: https://www.gov.uk/government/news/millions-of-workers-get-new-access-to-sick-pay-and-parental-leave
From speech
They introduced a system that is broken, they put the bill through the roof, and now they want to give us advice on welfare—no thanks! The question should always be not what benefits people are entitled to, but what help we can give people to change their lives. That is what the Work and Pensions Secretary was arguing, and he is right about that. It is a Labour Government that are helping people into work. Leader of the Opposition asks what we have done: more rights for renters, stopping unfair rent hikes, and giving 11 million people greater security and a place to call home; and more rights for workers, including bereavement leave on day one—ask anyone who has lost someone, and they will say just how important it is to have bereavement leave. We have lifted half a million children out of poverty. We often say in this House that every child should go as far as their talent or ability will take them. That does not happen if they are growing up in poverty. The Conservatives have fought us at every turn. I am proud of what we are delivering. There is much more to do.
Sources opened