Baby loss policies: in conversation with Keeley Lengthorn

Where an employee has lost their child in the first 24 weeks of pregnancy, there is currently no statutory right to parental bereavement leave in the UK.

In those cases, employers have the discretion to offer their staff leave under their compassionate leave policy, annual leave, or unpaid leave. This is, however, an option that thousands of mothers do not have.

Therefore, Keeley Lengthorn, partner at Taylor Rose MW, is calling on businesses to look at their policies and enact an appropriate baby loss policy within the workplace. Indeed, Keeley is fighting for a change to the law, believing the UK should follow New Zealand’s pregnancy loss policy model, offering three days of paid bereavement leave to the mother (and their partner) in the event of losing a pregnancy before 24 weeks.

Here, Keeley speaks to Today’s Family Lawyer on her story, the lack of recognition that lost pregnancies face in society, and all things baby loss policies.

Keeley, you described how you enacted the policy yourself prior to your own loss; what prompted the implementation of the policy in the first place?

Unfortunately, I have a history of miscarriage loss. In February 2019, I suffered my first miscarriage at six-and-a-half weeks pregnant while at work in my office. Then in March 2020, during the first lockdown, I collapsed and was taken to the hospital, rushed into emergency theatre to undergo an operation for an ectopic pregnancy and the removal of one of my fallopian tubes after the pregnancy raptured.

I started IVF treatment in August 2021 and was overwhelmed when my doctor told me I was pregnant. However, after previously suffering two miscarriages, I always knew there was a risk.

Unfortunately, at 22-and-a-half weeks, my waters broke unexpectedly, and I was informed of the news every mother dreads – that my baby would not survive. On 3^rd March 2022, I gave birth to George, who was born sleeping and weighed just a pound.

After my ectopic pregnancy, I researched miscarriage rights. The work of the New Zealand president and enactment of the miscarriage leave policy in New Zealand came to my attention. As a result, I drafted a baby loss policy for Taylor Rose MW. I contacted our HR director Rachel Reeve and asked for it to be enacted. This was taken to the board level and approval was given. This went live in January 2022, and, unfortunately, I was the first employee to use it.

Taylor Rose have now led the way in the profession, and the country generally, as to enacting a user-friendly baby loss policy within the business.

Why do you think, in 2022, we’re still in a position where the pain of lost pregnancies is not being better recognised in society?

Not enough people talk about the psychological, emotional and physical impacts parents suffer from an early or late miscarriage. I think we are primarily in this situation due to society’s own ignorance about the issue.

Hopefully, talking about my own ordeal will help broaden the general conversation about women’s health in the workplace. Having a formal policy sends a clear message that there is support available throughout the pregnancy process and is particularly important in the first 12 weeks when many women prefer not to tell their employers or colleagues. Let’s stop the stigma associated with pregnancy loss and start talking, but, most of all, start supporting. Often, we talk about wellbeing in the workplace, and this is at the heart and core of it.

How does a baby loss policy differ from Bereavement leave?

Currently, the rules mean that employees only have the right to take statutory parental Bereavement leave on the death of a child under 18 years of age – including after suffering a stillbirth – and after 24 weeks of pregnancy. Instead, we believe the baby loss policy – or the Miscarriage Leave Bill – should follow New Zealand’s pregnancy loss policy model, offering three days of paid bereavement leave to the mother (and their partner) in the event of losing a pregnancy before 24 weeks.

Prior to implementation of the baby loss policy, what was the standard response from the business to similar situations?

I can’t comment on the response for every single business, but from a legislative perspective, since April 2020, employees have the right to take statutory parental bereavement leave on the death of a child under 18 years of age, including after suffering a stillbirth after 24 weeks of pregnancy.

This, however, does not apply to other forms of pregnancy loss. There is currently no legal entitlement to any leave or pay in circumstances where pregnancy loss occurs before 24 weeks. In those cases, employers have the discretion to offer their staff leave under their compassionate leave policy (if one does exist), annual leave, or unpaid leave. However, for thousands of mothers in this awful position, this is not an option offered to them.

The business moved quickly to adopt the policy, what was the response from staff?

We drafted the baby loss policy earlier in the year, and I was lucky that I had my HR director on hand to help ensure it was implemented across every department in the firm. Everybody was in agreement that it is a really good and fundamental policy which will make a huge difference to the hundreds of women who have been or are going through the trauma of losing a child right now. They feel safe, secure, and that their wellbeing is valued by Taylor Rose.

What response have you had to date from the wider employment community in terms of support and implementation?

Following the wide-ranging broadcast and national news coverage and my campaigning on social media, I have been inundated by former colleagues, company bosses, and campaign organisations on how “necessary” a baby loss policy is, and that they will be recommending the change in their own organisation. I have had hundreds of people reach out and ask for a copy of the policy to present to their own HR directors. The response from many has been that they didn’t even know there was no statutory legal protection in place.

Keeley qualified as a Solicitor in 2008 and has been working in the Family and Child law team at the Bexleyheath office since joining Taylor Rose MW (Previously MW Solicitors) in December 2012. Keeley was promoted to Partner in July 2018 and is Office Manager of the Bexleyheath office. Keeley became an accredited member of the Prestigious Children panel in July 2019.