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Original poster

Denied Relocation

25 replies

MumsntUser1 · 06/12/2023 00:11

Hi,

i have requested a relocation which was denied on the basis I am a “people manager”. Can my company do this when they have allowed other “people managers” to relocate? Is this discrimination?

I am based in the UK

OP posts:
Kimmeridge · 06/12/2023 00:13

Realistically with the information you've given noone on here can advise you.

So much depends on the job, responsibilities & contracts. You need to speak you either your union or an employment lawyer.

meatbaseddessert · 06/12/2023 00:14

It's only discrimination if they have refused because Of a protected characteristic. Being a people manager is not one of them

A company can refuse a relocation for any reason they choose other than that

Original poster
MumsntUser1 · 06/12/2023 00:21

to clarify, my company have a policy where you can request a relocation.

they have denied my request on the grounds that I manage people. However they have approved other requests for other people managers.

In have managed my team remotely for almost 4 years (since COVID) and they are not all based at the same office as me.

are they able to refuse my relocation purely on the fact I manage people, when the have approved a relocation for other line managers?

OP posts:
Original poster
MumsntUser1 · 06/12/2023 00:22

Thank you.

can they refuse on the grounds I manage people if they have accepted the request from other people managers? I thought these requests would have to be considered fairly across the organisation?

OP posts:
HachiAndNana · 06/12/2023 01:14

Do the people do exactly the same role, and have the same team make ups? While they should consider all cases in the same way, after consideration, it's very much a case-by-case basis. So much would depend on your role, your team's role, team make up, access to other teams/executives etc. You need to give a lot more details to get advice or speak to someone to get clarity

meatbaseddessert · 06/12/2023 03:30

MumsntUser1 · 06/12/2023 00:22

Thank you.

can they refuse on the grounds I manage people if they have accepted the request from other people managers? I thought these requests would have to be considered fairly across the organisation?

Even if they do it doesn't mean everyone has to comes out with the same result.

WYorkshireRose · 06/12/2023 04:04

Do you believe the decision not to allow you to relocate when other people managers have been allowed relates to a protected characteristic? If not, it isn't discrimination. For reference, the protected characteristics are:

•	age
•	disability
•	gender reassignment
•	marriage and civil partnership
•	pregnancy and maternity
•	race
•	religion or belief
•	sex
•	sexual orientation
WandaWonder · 06/12/2023 04:18

WYorkshireRose · 06/12/2023 04:04

Do you believe the decision not to allow you to relocate when other people managers have been allowed relates to a protected characteristic? If not, it isn't discrimination. For reference, the protected characteristics are:

•	age
•	disability
•	gender reassignment
•	marriage and civil partnership
•	pregnancy and maternity
•	race
•	religion or belief
•	sex
•	sexual orientation

This, it is not discrimination just because you don't get what you want

ANightingale · 06/12/2023 04:37

In have managed my team remotely for almost 4 years (since COVID) and they are not all based at the same office as me.

How many are based at the office to which you want to relocate? More, or fewer, than are based at your present office?

Trez1510 · 06/12/2023 04:42

I'm confused.

Are you talking about relocating your home, your office or to a different role?

unlikelychump · 06/12/2023 06:49

Well you don't have a legal right to change office location if that is what you are asking?

So what does the policy say?

Original poster
MumsntUser1 · 06/12/2023 07:02

Thanks. We do not have the same role, we are in different departments. However the other persons team is of a similar size and located mostly in the same office.

the other person would need similar if not more access to other people / executives

OP posts:
Original poster
MumsntUser1 · 06/12/2023 07:07

I have requested a change to an office in a different country (as have others). The move would be at my expense. This country would have none of my direct reports (but this setup has been approved for others) and due to the structure of my company is not uncommon.

it feels as though they are picking and choosing who they allow and finding a reason not to approve my request even though that hasn’t prevented other people being allowed to move.

OP posts:
Overthebow · 06/12/2023 07:13

It’s not discrimination and they don’t have to agree to your request. Maybe the other move request hasn’t worked out too well and now they aren’t going to allow it anymore, or maybe there are other reasons.

HachiAndNana · 06/12/2023 07:18

Hmm I'm wondering if they're regretting previous approvals and looking to move roles back to being more office based - it could be your request hit just before some wider edict. I worked in a similar set up but it was very much a pendulum- sometimes remote working was a norm, sometimes it swung back to more office based.

Neriah · 06/12/2023 11:58

it feels as though they are picking and choosing who they allow and finding a reason not to approve my request even though that hasn’t prevented other people being allowed to move.

If that is what they are doing, they are allowed to. There is no legal entitlement to relocation. You have the right to raise a grievance, but if they don't want to do this, you will simply lose the grievance.

As others have said, things are changing for all sorts of reasons. What may have been allowed in the past doesn't set rights for now or the future. A number of people where I work moved long distances away during the pandemic (inlcuding abroad) but their offices remained their legal base, and they have found they have the choice - resign or move back to a commutable distance. And living within a commutable distance has been added to all our new hires terms.

LIZS · 06/12/2023 12:03

Each case will be individual. Have others moved country, does it create IT security or tax issues? Are you ever required to meet in person?

CyberCritical · 06/12/2023 13:18

MumsntUser1 · 06/12/2023 07:07

I have requested a change to an office in a different country (as have others). The move would be at my expense. This country would have none of my direct reports (but this setup has been approved for others) and due to the structure of my company is not uncommon.

it feels as though they are picking and choosing who they allow and finding a reason not to approve my request even though that hasn’t prevented other people being allowed to move.

Ok so with it being a different country possible relevant and reasonable explanations for why they would decline your request include:

  • timezones, you would not be operational while your team are
  • privacy/security, if your team are U.K./EU based and you would be in a third country outside the EEA there may be restrictions on you processing the data of those staff members covered under EU or U.K. GDPR
  • Tax - depending on the country, they may not be able to legally pay you under U.K. staffing and would need to use your new country tax rules which could be prohibitive.
Aprilx · 06/12/2023 13:51

MumsntUser1 · 06/12/2023 07:07

I have requested a change to an office in a different country (as have others). The move would be at my expense. This country would have none of my direct reports (but this setup has been approved for others) and due to the structure of my company is not uncommon.

it feels as though they are picking and choosing who they allow and finding a reason not to approve my request even though that hasn’t prevented other people being allowed to move.

No company is going to find it difficult to rationalise why they did not agree to a relocation to another country and I cannot see any grievance or tribunal being successful.

They are entitled to come to different agreements with different people.

Original poster
MumsntUser1 · 06/12/2023 15:28

CyberCritical · 06/12/2023 13:18

Ok so with it being a different country possible relevant and reasonable explanations for why they would decline your request include:

  • timezones, you would not be operational while your team are
  • privacy/security, if your team are U.K./EU based and you would be in a third country outside the EEA there may be restrictions on you processing the data of those staff members covered under EU or U.K. GDPR
  • Tax - depending on the country, they may not be able to legally pay you under U.K. staffing and would need to use your new country tax rules which could be prohibitive.
Show quote history

Thank you. None of these would apply and the other move accepted was very recent.

i haven’t had to be in the office since COVID

OP posts:
Original poster
MumsntUser1 · 06/12/2023 15:29

LIZS · 06/12/2023 12:03

Each case will be individual. Have others moved country, does it create IT security or tax issues? Are you ever required to meet in person?

no IT or security issues. We have a setup in the country I have requested.
thanks

OP posts:
Doggymummar · 06/12/2023 15:32

That can approve it or not. Have you asked them why?

MrsBennetsPoorNerves · 06/12/2023 15:34

Sorry, OP. On which of the protected characteristics do you think they're discriminating?

You say that they have a policy on relocations. Have they followed this policy in your case?

Neriah · 06/12/2023 17:12

OP I think you are failing to understand it - it doesn't matter what or when anyone else got anything. They are entitled to say no based on absolutely no reason at all. You have no legal entitlement to relocate to another country and keep your job. Therefore arguing with people here about the reasons is a waste of time. It doesn't matter whether there are IT issues or not, whether else someone got it approved recently, ort whether they sent the "no" pn placrds attached to elephants wearing pink tutu's. "No" is the only answer or explanation that they are required to give.

As I said previously, you may submit a grievance. I wouldn't hold my breath waiting for a different answer, but maybe you will be lucky. If not, it's a no. You can relocate anywhere you like, but you can't take the job with you.

meatbaseddessert · 06/12/2023 18:38

OP those examples you are arguing about are exactly that, just examples.

They can say no to you relocating your job to another country for whatever reason they want and they do not have to be consistent with previous decisions. There's a million reasons why they might say no.

For context I relocated my role to another country 8 years ago. My organisation hasn't permitted that since. No reason. Just stopped allowing them. Then suddenly did allow one person to relocate and declined all other applications. No particular reason other than 'we don't want to'. That's just the way it goes.

You can try the grievance route if you like but unlikely to get you any further.

Your best bet is to find a new job in new location and then relocate.

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