Bereavement leave entitlements in the UK are currently limited and vary depending on employment status. Employees have some defined statutory rights, while freelancers and contractors often depend on contractual agreements or discretionary leave. In the screen sector, where teams are made up of employees, workers, and a large freelance workforce, this creates complexity. Recent discussions around the Employment Rights Bill and wider government consultations have highlighted why these current rules may not go far enough, especially for sectors like ours that rely heavily on self-employed professionals.
Employees currently have a statutory right to parental bereavement leave, which provides:
Two weeks' leave if they lose a child under the age of 18 or experience a stillbirth after 24 weeks of pregnancy.
This leave is a day-one right, meaning no minimum period of service is required.
Statutory Parental Bereavement Pay (SPBP) is available if eligibility criteria are met.
For other forms of bereavement (such as losing a parent, spouse, or close relative), there is no statutory entitlement to paid leave, although employees have the right to take reasonable unpaid time off for emergencies involving dependants, which can include bereavement.
To qualify for Statutory Parental Bereavement Pay, an individual must be an employee who has been continuously employed for at least 26 weeks by the end of the week before the child’s death, still be employed on that date, and have earned at least £123 per week (before tax) over the previous eight weeks. Workers are not eligible for Statutory Parental Bereavement Pay unless they meet the legal definition of an employee.
Only employees are entitled to statutory bereavement leave and pay.
Workers may not qualify unless their employment status meets the legal definition of “employee.”
Businesses may still offer contractual or discretionary leave to workers — but it is not required by law.
Freelancers, consultants, and contractors are not covered by statutory bereavement leave provisions. In practice, whether these individuals can take bereavement leave depends on:
Contractual terms negotiated with hiring businesses.
Industry norms or discretionary flexibility offered on an ad hoc basis.
This can create challenges in productions that rely on freelance talent, where unexpected bereavement can impact delivery schedules and require rapid resourcing adjustments.
Recent government and parliamentary discussions, including activity around the Employment Rights Bill and reports from the Women and Equalities Committee, have drawn attention to gaps in the current framework, including:
Lack of protection and paid leave for pregnancy loss before 24 weeks.
No statutory provision for bereavement leave beyond parental bereavement.
Inconsistencies in how businesses support freelancers, workers, and short-term contract staff.
While changes may come in future legislation, businesses are encouraged to address these challenges now through strong internal policies.
1. Clarify Status and Terms from the Start
Clearly define whether individuals are employees, workers, or self-employed in contracts.
Set expectations around compassionate leave and any additional support in writing.
2. Have a Compassionate Leave Policy
Even if not legally required, having a clear policy in place for all team members, including freelancers and contractors, can help ensure consistency and trust.
Policies should outline when and how discretionary leave can be requested and the process for handling urgent personal matters.
3. Respond to Bereavement with Sensitivity and Flexibility
Designate a point of contact to handle bereavement-related conversations.
Be prepared to offer flexibility with deadlines, shooting schedules, and deliverables.
Where possible, consider offering paid compassionate leave or financial support, particularly for key freelance personnel.
4. Maintain Industry Reputation
Productions that show compassion and flexibility are more likely to attract and retain top talent.
Building a reputation for treating people well can help future recruitment.
The current framework for bereavement leave in the UK creates challenges for screen sector businesses, particularly those relying on freelance or short-term contract staff. While statutory provisions are limited, businesses can proactively set policies that promote fairness and flexibility.
The debate around these issues, highlighted by recent parliamentary discussions, makes clear that expectations around support are changing. Those who lead with compassion and clear communication will be better placed to manage unexpected challenges and build stronger, more loyal teams.
This document is intended for informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, employment laws and regulations are subject to change. Screen sector businesses and hiring parties should seek independent legal counsel or consult Acas, Bectu, or other relevant industry bodies for official guidance on bereavement leave rights and obligations.