What is a partner? How bereavement leave changes could impact you

Next year will see a raft of extra support introduced for those experiencing the loss of a loved one.

New rights confirmed by the Government will be brought in from April 2027 as part of the latest changes being introduced by the Employment Rights Act 2025.

The Act is bringing in a new statutory day-one right to unpaid bereavement leave with employees entitled to two weeks of unpaid bereavement leave in the event of the death of a qualifying relative, or a pregnancy loss which occurs before 24 weeks.

Eligible relationships for bereavement leave covers immediate family members and specific related relationships. This covers spouses, civil partners and partners in a committed long-term relationship (irrespective of cohabiting status).

Family law expert at Knights, Drew Dennis, says the word “partner” can now mean so many different things:

‘The meaning of the word partner, in general, can be uncertain as it has no real statutory definition, however, it essentially covers a variety of relationships where parties exhibit long-term commitment.

‘This change in definition of the word partner is a step away from the more limited definition of eligible relationships used in the existing rights to time off. The government has decided that the new statutory right will not require any evidential requirement.

‘These latest developments look to modernise bereavement leave in this country and keep it up to speed with the variety of relationships that are now commonplace.

‘In my role as a family lawyer, the word partner could cover individuals who have only been together for a few weeks, all the way to a 50-year marriage. However, outside of a marriage, there has been no hard and fast rule.

‘The safest ground when it comes to any definition of any partner, particularly under the Employment Rights Act, relate to married couples. Married parties and civil partners are the only legally recognised relationships that create automatic rights in the event of a separation.

‘If a marriage breaks down, many of a couple’s assets are then considered to be joint, meaning that both parties can then seek financial support from the other depending on the facts of the case and their individual needs.

‘If a couple cohabits without being married or in a civil partnership, their rights are far more limited. The term “common law partner” is widely used to describe this scenario but it is not a recognised legal status. Recent changes to the law around cohabiting couples now offers more flexibility to those living together over a substantial period.

‘However, these changes relating to bereavement leave are still in flux and we’re still not certain as to what will happen as these are very much proposals at this stage.

‘As family lawyers, we deal with people at their lowest and we try our hardest to look after them. I think that any opportunity that the government has got to provide those people who are suffering with more support is very much welcomed.

‘However, the extent to which these changes will apply is uncertain. If a couple loses their baby, it is traumatic and will obviously affect the parents but it also impacts the wider family as well.

‘From the government’s point of view, they cannot increase the scope too far, because, if it is taken to an extreme, the country may be potentially left without a workforce because everybody could potentially be linked to somebody else. However, upon reflection, it is hugely refreshing that the government are giving additional support to couples. Could it go further? Almost undoubtedly. But, I think as a starting point, an increase to individual rights under such difficult circumstances is certainly a positive one.’

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