24th September 2026
A new employment right coming into force in April 2027 will give employees a day-one right to take bereavement leave following the death of certain close family members.
There has been some confusion about whether the new rules apply across the UK, particularly because employment law can be different in Scotland in some areas.
In this case, however, the answer is straightforward. The new rights will apply in Scotland as well as England and Wales.
The Scottish Government does not have separate law-making powers over employment law. Employment and industrial relations remain reserved to the UK Parliament, although the Scottish Government has its own Fair Work policies and can influence employment practices through areas such as public funding and procurement.
What is changing in April 2027?
The new legislation introduces a statutory right to bereavement leave from the first day of employment.
An employee will be able to take leave following the death of a spouse or partner, parent, adult child or sibling. The entitlement also covers a number of other family relationships, including certain step, adoptive, kinship-care and foster relationships.
The leave can be taken flexibly rather than necessarily as two consecutive weeks. Employees will be able to take individual days or a block of leave, and the entitlement can be used within 56 weeks of the bereavement.
Importantly for employers, the leave is unpaid.
The Government has also confirmed a separate right to up to two weeks of unpaid leave following pregnancy loss before 24 weeks of pregnancy.
This is different from the existing parental bereavement leave provisions, which cover the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.
What does "day one right" mean?
This is an important change for employers.
At present, some statutory employment rights depend on an employee having completed a qualifying period of service.
The new bereavement leave will be available from the first day of employment. An employee will not have to work for an employer for six months or two years before becoming entitled to it.
There will also be protection against being dismissed or suffering a detriment because the employee has exercised the right.
The Government has said that, in the early period following a bereavement, employees will only have to notify their employer as soon as reasonably practicable. They will not have to provide evidence of the death.
For small employers, this means that a written bereavement policy and a straightforward procedure for recording leave will become increasingly important.
What does it mean for a business in Caithness?
For most small businesses, the financial cost of the new entitlement may not be the biggest issue.
The leave is unpaid, so there is no statutory requirement to continue normal wages during the absence. The practical difficulty is more likely to be covering the employee's work, particularly in a small business where losing one member of staff for even a few days can have an immediate effect.
There is also a human element.
Bereavement is unpredictable and an employer may have little warning that an employee will need time away from work. The new legislation provides a statutory minimum, but employers can still choose to offer more generous arrangements, including paid compassionate leave.
For a small employer with only a handful of staff, having a clear policy in place before April 2027 could avoid difficult decisions being made in the middle of a crisis.
And what about Scotland?
This is perhaps the simplest part of the story.
An employee in Wick or Thurso will have the same statutory entitlement under these new rules as an employee in Birmingham or Cardiff.
There is no separate Scottish version of the new bereavement leave because employment law is reserved to the UK Parliament.
That does not mean Scottish workers have exactly the same rules for every aspect of employment as workers elsewhere. Scotland has its own devolved responsibilities and policies around areas such as Fair Work, skills and public services.
But the basic legal relationship between employer and employee remains largely governed by UK employment law. The Scottish Government itself confirms that employment law is reserved.
The Government's consultation outcome published on 22 September 2026 specifically states that the new bereavement and pregnancy-loss measures apply to England, Scotland and Wales.
For employers, therefore, the message is fairly simple: April 2027 brings another statutory employment right to prepare for, and businesses in the Highlands are covered just like businesses elsewhere in Great Britain.
For employees, it provides a minimum period of time away from work at a point when continuing to work normally may simply not be realistic.
The important thing to remember is that this is a right to leave, not a right to two weeks' pay. Employers can provide more generous arrangements if they choose, but the statutory entitlement itself is unpaid.