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Lord Brennan of Canton (Lab)

Speaking in the House of Lords on 13 May 2025

Debate

Employment Rights Bill

Contribution

My Lords, I shall speak to Amendment 81, standing in my name in this group, if that is in order at this stage. It is a privilege to speak to this amendment. Although it stands in my name, I am just a vessel in this case; the credit for getting the amendment to this stage and in this shape should go to the members of the House of Commons Women and Equalities Committee, but particularly to the wonderful chair of that committee, my good friend Sarah Owen MP. Her tireless and passionate advocacy in raising the issue of the need for bereavement leave following pregnancy loss has successfully persuaded the Government that action is necessary on this particular matter. Therefore, I hope that, when my noble friend the Minister replies at the end of the debate on this group of amendments, he will be able to indicate support for Amendment 81 or at the very least confirm that the Government will bring forward an equivalent amendment on Report. Listening to and reading the stories of women and their partners affected by pregnancy loss is a very moving and powerful experience. However, unlike other parts of the pregnancy journey, such as IVF, there is often a cloud of secrecy around miscarriage, leading sometimes to a feeling that many women have that it is somehow their fault when pregnancy loss occurs. Sarah herself has spoken publicly with great courage, emotion and eloquence about her own experiences of pregnancy loss, and she has referred to that feeling, which is compounded by the fact that, having miscarried and experienced the related physical and emotional trauma, a woman is expected to apply for sick leave to deal with the bereavement of pregnancy loss. Miscarriage is not a sickness; it is not a disease, and it is not the equivalent of having a heavy cold or any other infectious condition. Having to take sick leave to deal with the heartbreak of miscarriage trauma reinforces the idea that there is something wrong with the woman. That is the evidence that Sarah Owen’s committee received when it undertook its inquiry into this matter. It is also the case that taking sick leave will often trigger an HR process from an employer, which can enhance a feeling of insecurity of employment at a time of great vulnerability for the woman concerned. Pregnancy loss bereavement should be treated in the same way as any other kind of bereavement suffered by workers, and it should therefore be a right in law, enacted through this Bill. In addition, this measure would help to lift that veil of secrecy and guilt around miscarriage and build more compassionate and human workplace environments. Sarah Owen herself has spoken movingly about this when describing and discussing her own experience of miscarriage. She said in the Commons: “I experienced pregnancy loss while I was an MP, and the kindness of colleagues in this place got me though, but at no point did any of them wrap their arms around me and say, ‘Get well soon’; they all said, ‘I’m sorry for your loss.’”.—[Official Report, Commons, 11/3/25; col. 927.] I believe that this amendment can help to drain that well of loneliness that can be felt when pregnancy loss is left unacknowledged in employment law and in the workplace, particularly as it is such a common occurrence. Of course, partners need to be involved too. The committee heard compelling testimony from women who had experienced miscarriage that partners needed time to grieve their loss, as well as to accompany their partners to doctors’ appointments and so on. They heard from a witness who nearly bled to death on the way to hospital because her husband was not given time off work.

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