A prominent family lawyer has won her fight to recognise the rights of expectant parents who suffer a miscarriage before 24 weeks of pregnancy following the inclusion of bereavement leave in an amendment to the Employment Rights Bill.
Keeley Lengthorn, partner at RWK Goodman, began her efforts to see expectant parents who suffer miscarriage before 24 weeks following her own tragic experiences. Under current legislation, parents are not entitled to any paid time off work if they lose a baby under 24 weeks gestation.The amendment will allow two weeks leave for those who suffer a pregnancy loss before 24 weeks gestation.
The inclusion in the bill has been described as ‘momentous’ by Lengthorn, who has spent years campaigning for what has been dubbed George’s Law; the announcement comes three years to the day after the death of Keeley’s son George, who was born at 22 and half weeks on 3rd March 2022.
“This law change is a momentous moment. It will bring comfort and support to so many people across the country who currently have to suffer the trauma of returning to work immediately after losing their child. I am overwhelmed and speechless and truly grateful that the Government has finally recognised the need for this bereavement leave.
“Miscarriages happen to one in five families and so these new reforms will help approximately 250,000 families per year. The fact that this announcement was made on what would have been George’s 3rd birthday makes it all the more prevalent. When George died, I made a promise to him that I would ensure that his tiny footprints would create a huge legacy and a voice for change and he has done just that. I am a very proud mum”.
Lengthorn has been supported in her fight by the Labour MP Sarah Owen. In January the women and equalities select committee, which Owen chairs, concluded the case for it was “overwhelming”. Although a growing number of employers already offer the leave as a discretionary extra benefit, the committee said this should become a universal right given the far-reaching physical and emotional impacts of baby loss.
About 250,000 expectant mothers in the UK suffer a miscarriage every year. Between 10% and 20% of pregnancies end in an early miscarriage within the first 12 weeks of gestation. Sam Grice, Founder and CEO of Octopus Legacy, commented:
“We’re hugely encouraged to see more hidden forms of grief and bereavement being acknowledged and protected by the government under this law. However, statutory bereavement leave is just the tip of the iceberg in terms of how employers can support members of their team after a miscarriage.
As part of our recent report ‘The Human Cost Of Dying’, 30% of people surveyed said that their employer or colleagues did not offer adequate support after a bereavement – reflecting the need for employers to better support their teams when they’re navigating all forms of loss.
Grief isn’t neat and tidy and it doesn’t have a sell-by date, so the end of bereavement leave is not the end of an employees experience of grief. Providing long term support and easing that transition back to work after a miscarriage is hugely challenging physically and emotionally.
Employers can help ease this transition by providing their managers with bereavement training and their teams access to practical and emotional support – from helping sort the weekly shop to providing bereavement counselling.
While this announcement is certainly a step forward, it just scratches the surface of the ways employers can support their teams through the aftermath of a miscarriage.”
