Employers face complex legal and financial risks under the proposed assisted dying law, experts warn, as new legislation passes a crucial stage in parliament.
The Terminally Ill Adults (End of Life) Bill, which cleared the House of Commons on 20 June, would permit terminally ill adults in England and Wales to end their lives under strict safeguards. The measure now moves to the House of Lords, where it is expected to pass. While its introduction marks a shift in UK social policy, it also raises immediate questions for workplace pensions, life assurance schemes and employer responsibilities.
According to law firm Irwin Mitchell, trustees and employers will need to tread carefully to avoid possible litigation and reputational damage.
Legal Grey Areas for Trustees
One area of concern is the potential for beneficiaries to be excluded from payments under the Forfeiture Act 1982 if they are deemed to have assisted in a death unlawfully. Trustees must make reasonable enquiries into the circumstances surrounding a member’s death, but the definitions of terms such as “coercion” and “pressure” remain legally uncertain under the Bill.
“Now that the assisted dying bill has cleared the Commons and is on its way to the Lords, navigating this complex and sensitive legislation becomes even more urgent for businesses,” said Michael White of Irwin Mitchell’s pensions team.
“By staying informed and taking proactive measures, employers and trustees can protect themselves from severe legal challenges and financial penalties while providing compassionate support to their employees and beneficiaries during these difficult times.”
Irwin Mitchell warns that insurance policies and trust documents may need to be reviewed and potentially rewritten to ensure they comply with the new law. The firm also notes that trustees may be called upon to defend decisions in court, particularly if discretionary payments are challenged.
The Equality Act and Employer Duties
Beyond trustee obligations, employers must also consider the Equality Act 2010 when reviewing their schemes. Adjustments made in response to assisted dying cases could potentially lead to claims of discrimination if not handled with care, legal experts caution.
Beneficiaries who may stand to gain financially from a death will be subject to additional scrutiny. While the Bill prohibits beneficiaries from witnessing or acting as proxies to declarations made by terminally ill individuals, Irwin Mitchell believes this safeguard may not go far enough to fully protect trustees from future disputes.
Implications for Employee Wellbeing
The issue is not only a legal one. Observers say that as assisted dying legislation becomes part of the UK’s end-of-life framework, employers will have to consider how best to support affected employees and their families.
This includes reviewing employee assistance programmes, training HR teams on sensitive communication and ensuring that bereavement policies reflect the changing legal landscape. Failure to prepare could leave organisations vulnerable to both legal claims and reputational criticism.
The Bill’s progression through parliament puts assisted dying firmly on the workplace agenda, forcing employers and trustees to balance compassion with caution as they await the law’s final shape.