In a quietly powerful reform, the UK’s new Employment Rights Bill now allows compensation claims to proceed even after the death of a worker or employer — making justice truly a matter of principle, not timing.
While the concept of a “posthumous payout” might sound like legal trivia, it’s a landmark shift that strengthens the rights of workers and their families — ensuring that unresolved employment disputes don’t die with the claimant.
Previously, many types of employment tribunal claims — including those related to unfair dismissal, discrimination, or unpaid wages — would lapse entirely if the claimant passed away before a judgment was reached. Under the new legislation, those claims can now continue, either by the worker’s estate or on behalf of the deceased, depending on the situation.
Why This Matters
The change recognises a basic but long-ignored truth: justice delayed shouldn’t become justice denied just because of a death. For families left behind — often grieving and struggling — being able to continue a claim for mistreatment or owed pay can offer both closure and critical financial redress.
It also removes a loophole that some employers may have quietly benefited from — where drawn-out processes, poor working conditions, or delays to hearings resulted in unresolved claims simply “disappearing” upon death.
Now, the law gives workers and their representatives one powerful message: your rights don’t expire when you do.
Who Benefits?
This reform is particularly significant for:
- Workers with terminal illnesses who start claims but pass away during the process
- Families seeking redress after the loss of a loved one due to unsafe working conditions or workplace stress
- Cases where an employer dies or dissolves a company before a hearing concludes
The ability to continue legal proceedings helps shift the balance of power back toward workers and removes what some experts called a “moral blind spot” in employment law.
UWA’s Support for Families and Workers
At United Workers Alliance, we believe dignity at work includes the right to fair redress — in life and beyond it.
📩 If you or someone close to you is navigating an employment dispute — especially after a bereavement or health issue — we’re here to help. Our free 1-to-1 consultations offer support in understanding these new rights and pursuing justice wherever it’s due.
Sources:
- The Times
- Employment Rights Bill (2025)