Compassionate transfer

[Sarah2025]

Hi, if you work in the public sector is a Compassionate transfer to a different work role due to a change in personal circumstances completely discretionary for the employer? What legal action could someone take of this was refused?

Yes, it’s discretionary - you can’t choose your office or role or team etc it’s usually in your contract that they can place you in any role as required.

In terms of legal claims, well what’s the legal claim? Unfair dismissal, discrimination etc? If the process can clearly be linked to discrimination or unfair dismissal then a legal claim might apply. It really depends on specifics cause whilst they might need to give you a role that suits a disability for example; they wouldn’t have to necessarily give you a role that suits caring responsibilities and a move across the country. You’d have to show that your employer breached policy etc in how they assessed it.

Yes it is completely discretionary, there is no legal right to a compassionate transfer and as such there is no legal action to take if declined provided no discrimination.

It is discretionary but in the Departments I’ve worked in managers have done all they can io implement a successful move! Recruiting new staff is expensive & time consuming!

Well they want me to accept it not knowing where I would be based(as in the office I would need to attend at least once a week) or if they can accommodate flexitimd time around my daughter in school. I believe they want me to accept it then place me in an office a significant distance from where I live so I then I would have no choice but to resign as I would be unable to return to my current role. I requested information on the training for the role as almost everything in the job description is stuff I've never done before and they just said I would be expected to begin immediately using my extensive experience from my current role with limited shadowing for the training delivery aspect of the role.

It’s not unreasonable to want to know the office you will be based at, before accepting the job. Just start there before querying the training. You’re not going to have the cream of the crop in terms of job selection. Don’t most people in civil service move around anyway? Just get into the office you want and apply for other jobs or expressions of interest that are available in future. You’re not going to get your dream job out of a compassionate transfer.

The issue is that they are saying they want me to cover other offices that would be impossible for me to get to. You are talking 90 minutes in the motorway each way at least and being really scant on the details of why or when I would have to cover them and doesn't even make sense.

Okay so push back on that, lead with your strongest argument. It doesn’t make sense for them to not clearly list the office you are based at before you accept; or to give you a role that involves frequent travel depending on the reason for the compassionate transfer. EG if you’ve requested it due to caring responsibilities, then the frequent travel could make your caring responsibilities more difficult for example. Use your circumstances if relevant.

What weakens your argument is if you start criticising and pushing back on every aspect of the role like the training, the experience required, the sort of role etc. You want to be seen as reasonable and amicable. Because essentially compassionate transfers are just whatever role is available at the time, and frankly hiring managers don’t want managed move candidates- so you won’t have a lot of jobs to choose from.

So do you want a move but they are not giving you details of the options available or are they trying to move you? Which Dept are you in, can you say?>

Basically I have been told the role I am being offered is usually subject to competitive interview and a lot of people want these roles and there are only 7 in that department and people are very surprised I am being given it through compassionate transfer. I think they want me to accept the role not knowing where I will be based then as soon as I accept put me in an office that will be impossible for me to get to so I have to immediately quit the role and then they can offer me a lower grade role that they offered me in the first place but I refused it.

@Sarah2025 I see this as coming down to reasonableness at the end of the day.
You want a compassionate transfer which is your issue with no obligation on your employer whether public or private sector. Not unreasonable to ask.
They've offered you a lower grade role as a known quantity that you refused. So you want the transfer but only at your current grade - entirely reasonable?
So the same grade option being offered is less of a known quantity and probably less convenient for you. Is that unreasonable on their part?
Pennies and buns....