These Regulations officially bring the entirety of the Paternity Leave (Bereavement) Act 2024 into force on 29th December 2025, activating the amendments made to the Employment Rights Act 1996 that introduce provisions for paternity leave when a mother or a person expecting to adopt a child dies.
Arguments For
Provides the necessary legal mechanism to activate the substantive provisions of the Paternity Leave (Bereavement) Act 2024.
Establishes a clear starting date (29th December 2025) for new paternity leave entitlements introduced by the 2024 Act, ensuring certainty for employers and employees.
Implements necessary reforms to the Employment Rights Act 1996 to grant statutory paternity leave when a child's mother or intended adoptive parent dies, improving employee support during bereavement.
Arguments Against
The late commencement date (December 29, 2025) may cause operational delays for businesses and individuals anticipating the parental protection measures sooner.
The commencement regulations themselves do not detail the specific scope or conditions of the leave, requiring reference to the primary 2024 Act and associated guidance.
Implementation relies on employers accurately updating policies based on amendments to the Employment Rights Act 1996, which could lead to inconsistent initial application across different workplaces.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the Paternity Leave (Bereavement) Act 2024.
The Secretary of State is using specific powers granted under Section 2(2) of the Paternity Leave (Bereavement) Act 2024 to create these commencement regulations.
These Regulations may be cited as the Paternity Leave (Bereavement) Act 2024 (Commencement) Regulations 2025.
This defines the official short title for this statutory instrument as the Paternity Leave (Bereavement) Act 2024 (Commencement) Regulations 2025.
The Paternity Leave (Bereavement) Act 2024 comes into force on 29th December 2025.
This clause specifies the exact date—29th December 2025—on which the provisions of the Paternity Leave (Bereavement) Act 2024 become legally effective and enforceable.
Explanatory Note (This note is not part of the Regulations)
These Regulations commence the whole of the Paternity Leave (Bereavement) Act 2024 (c. 17). The Paternity Leave (Bereavement) Act 2024 amends the Employment Rights Act 1996 (c. 18) to make provision about paternity leave in cases where a mother, or a person with whom a child is placed or expected to be placed for adoption, dies.
This non-statutory note clarifies that the instrument brings all parts of the 2024 Act into operation.
The primary purpose of the 2024 Act is to amend existing employment law (the Employment Rights Act 1996) to establish paternity leave rights specifically following the death of a mother or the intended adoptive parent.
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