Do I get this surgery done or do I cancel it due to work?

Have the surgery. Have the surgery, just had it why are you second guessing it, no one can tell you what to do during your annual leave. Don’t tell them. X

I'd argue that if its a condition that's affected you for 12 months or more, it could be classed as a disability under the Act, and therefore not be a trigger?

Give ACAS a call for advice. Sounds like your employer is making up the rules as they go along. They can't dictate what you do whilst on annual leave.

No wonder we've got so many people unable to work if getting treatment for something is penalised. How on earth have we lost sight that humans get sick from time to time because they're human and no amount of disciplinary action or sacking people or just demanding they don't get ill actually changes that?

I'd be having the operation and following your reps advice to request annual leave for it, though you now face the issue that the manager knows it's for your operation and is likely to deny the AL request just because they can and force you into sickness and stage 3 - what happens at stage 3?

Have the surgery. If you turn it down, you will probably have a really long wait. If they try and use this as a reason to dismiss you on health grounds, surely your union would support you and fight this decision as the surgery would help reduce the amount of sick leave you currently take.

I’d read policy and ensure advice from union in writing as that doesn’t seem correct to me. Where I work a manager has discretion so a planned surgery wouldn’t trigger next stage. Using leave to try and circumvent policy would be an issue.
Could you book a meeting with manager and hr/union.

How would they know you'd had surgery?

There is usually some flexibility, but unless OP has a condition which is likely to be considered a disability under the Equality Act 2010, then all sickness absence is valid for a management process. It’s about ability to do the job, not the genuineness of the absence.

Will they even approve AL?

You need to be able to breathe properly! Your long term health is more important than your boss giving you a 'black mark' against your name for being off work for a medical procedure.

I've just been referred to the ENT for my deviated septum and I'm hoping they'll be able to fix it. Don't waste your appointment! You'll still need the surgery but it could take years to get another one.

I'm more curious how you've ended up at stage 2- if you were in hospital with sepsis surely that can be evidenced and therefore not be considered towards attendance management?

Assuming the surgery and initial recovery period is contained within the AL, absolutely no business of your employers what you do on your time off.

Another vote for having the surgery.

Book the time off as AL and once approved ask for a meeting with your manager and HR. Just claim innocence and say you have heard that it's classed as sickness....
Explain your situation-stage 2- and that you are taking this as AL unless they allow it as sickness that will not go against you. Make sure you have all this in writing.

On the other hand, you don't have to disclose any medical conditions, (so just take AL and they are never the weiser) however if the condition impacts your work during recovery sometimes it's better to tell them.

Really? I had a hip replacement which was planned surgery but obviously my employer did not expect me to take A/L.

I ended up being off for 6 weeks and it was all covered by doctors notes.

Surely you are allowed to have medical procedures on annual leave?

Planed/elective surgery has always been AL situations in places I have worked, because you arent actually sick

You need to check your sickness policy

Follow your union rep and take it as AL, it’s not the business of the company what you do on your AL

I’ve used AL for surgery before
do as your rep advises as you may have problems being referred again

I would book it as AL as the union rep advised and not even mention to work that you are having an operation then.

Your manager is wrong. Take it as annual leave and have the surgery. Your workplace can’t police what you do on your annual leave.

OP, your company has no jurisdiction over what you can use your annual leave for. You can go on holiday, have surgery, spend the whole time standing on your head...

Have the surgery and don't tell your manager that's what the annual leave is for, it's none of her business. But know that she's either not very good at HR, or trying to get you out.

Document everything around your sickness.. definitely have the surgery. Speak to manager and HR and ask them how you deal with this eg sick or holiday - either way, you must have the surgery! You cant help if you are ill. You have written proof of the appointment its not like you are swinging the lead. Can someone from the union be present when you discuss?

dont feel bad, your health comes first over a job