HR and Employment Law FAQs October 2026

3. When will the new rules on leave for bereavement including pregnancy loss come into force?

On 22 September 2026, the Government published its response to the consultation on leave for bereavement including pregnancy loss, which it undertook earlier this year. The response indicates that the following rules will come into force via regulations from April 2027:

• A new statutory right to bereavement leave: Employees will get a statutory right to up to two weeks of unpaid bereavement leave to grieve the loss of a loved one. This will be available from day one of employment and will cover the loss of immediate family members, i.e. spouses, civil partners, partners in a committed long-term relationship, parents, adult children and siblings (biological, adopted, step and half). It will also cover equivalent parental relationships for those raised in kinship or foster care arrangements.
   
• A new statutory right to bereavement leave for pregnancy loss before 24 weeks: Parents who experience pregnancy loss before 24 weeks of pregnancy will be entitled to up to two weeks of unpaid bereavement leave. This will be available, from day one of employment, to the person who was pregnant, as well as a spouse, a civil partner, other parent or a partner in a committed long-term relationship. The leave will also be available to an intended co-parent and intended parents in surrogacy arrangements. All types of pregnancy loss before 24 weeks will be covered, including miscarriage, terminations, and IVF embryo transfer loss.

Notably, the Government’s consultation response also indicates the following:

• The employee will not need to provide any evidence of the bereavement or pregnancy loss. 
   
• The two weeks of unpaid leave will be prorated to the employee’s usual working pattern (i.e. if an employee normally works Monday to Tuesday, they will be entitled to four working days off, whereas if they normally work Monday to Friday, they will be entitled to 10 working days). 
   
• The employee will be able to take the leave in discontinuous single days, provided it is taken within 56 weeks of the bereavement or pregnancy loss (or knowledge of it).
   
• During the first eight weeks of bereavement, the employee may notify their employer before the employee starts work on the day they intend to take leave, or as soon as is reasonably possible thereafter. For leave taken beyond eight weeks of the bereavement, the employee will be expected to provide one week’s notice before the requested date of leave.

The Government is expected to publish regulations and further guidance in due course. In the meantime, you can read more about all the key changes under the Employment Rights Act 2025 in our Knowledge Base (including our Spotlight on Family-Friendly Reforms).

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance on leave related issues and/or access further information in our HR and Legal Resources.

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business. 

4. Where should we hold a disciplinary hearing?

Most disciplinary hearings are likely to take place in person, at your premises. In some circumstances, however, it may be appropriate or necessary to hold a disciplinary hearing remotely (for example, if the participants are home or hybrid workers).  

In order to maintain flexibility to choose the most appropriate location for a disciplinary hearing in each case, we recommend specifying in your disciplinary policy that a hearing may be either remote or in person, at your discretion. Our template disciplinary policy (which is available to Make UK subscribers in our HRL Resources) takes this approach.

When considering whether to hold a disciplinary hearing remotely or in person, bear in mind that if the employee concerned is not used to remote meetings because they do not work from home (for example, a production operative), an in-person hearing may be more appropriate.

When scheduling remote hearings, you will need to ensure that all parties (including the employee’s companion) have access to the necessary technology to enable them to fully participate in the hearing, as well as any relevant materials that may be referred to. You will also need to consider whether any participant has a disability or other accessibility issue that could affect their ability to use video conferencing technology and whether any reasonable adjustments might be required as a result. 

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance and/or access information about disciplinary matters, including template policies and drafting guidance, in the HR & Legal Resources section of our website. 

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.

5. What was the outcome of the Government’s flexible working consultation?

On 15 September 2026, the Government published its response to the consultation on improving access to flexible working, which it undertook earlier this year. This response indicates that two key changes will take effect from Autumn 2027:

• Regulations will set out a new process that employers must follow before rejecting a statutory flexible working request (see further below).
   
• A new reasonableness test will be brought into force, meaning employers may only refuse a flexible working request where it is reasonable to do so.

As regards the first bullet above, the Government’s consultation response indicates that the new process will look broadly as follows:

• Employers will be required to hold a meeting with the employee before they reject a statutory flexible working request. This must be held on “fair and reasonable” notice to the employee (within the existing two-month decision period), and the employee must be told the purpose of the meeting in advance. It will not be necessary for a “decision-maker” to attend the meeting (as had originally been proposed as part of the consultation).
   
• The meeting must be conducted with a “view to reaching agreement” with the employee. During the meeting, the employer must consider the feasibility of the requested arrangement and address challenges where possible. If the requested arrangement is not feasible, the employer must explore any suitable alternatives.
   
• After the meeting, the employer must communicate to the employee in writing the outcome of the meeting (with a summary), as well as confirming the final outcome of the flexible working request. If the employer decides to reject the flexible working request, it will need to explain to the employee why this decision is reasonable (which will involve referring to one or more of the eight business reasons already set out in the flexible working legislation and providing an explanation for the basis of their decision).
   
• Employees will not have a statutory right to be accompanied, and there will be no statutory right to appeal a flexible working decision. These will continue to be points of good practice, but not strict legal requirements. 

Acas is expected to consult on a revised Code of Practice on requests for flexible working, and to also publish detailed guidance on the reasonableness test. The Government will consider whether other guidance is needed to support implementation of these reforms.

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance on flexible working related issues and/or access further information in our HR and Legal Resources.

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.