Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Can employer insist I don't have elective surgery on a given date?

108 replies

fightingSmiths · 05/04/2021 09:46

I am waiting for surgery (elective) and will need more than a couple of weeks to recover (severe stage 4 endo). I spoke to my manager and he said as the business is incredibly busy and I am business critical, I will be expected to not go ahead with it anytime soon but to postpone it. The company's reasoning is along the lines elective = not important. I don't have an actual date yet and it may well be a while off but I am looking into funding it privatly as I am in severe pain on a daily basis.

Can work really disallow this procedure as it is not an emergency surgery? And what happens if I go ahead anyways?

OP posts:
Ritasueandbobtoo9 · 05/04/2021 10:54

Ask him if would put off a hip or knee operation? I actually think this is direct sex discrimination.

Original poster
fightingSmiths · 05/04/2021 10:54

2020, HR is useless, they said it's up to my line manager. It's a blue chip company. quite shocking.

OP posts:
ColdCottage · 05/04/2021 10:56

I think your employer is confused. It's not like you add choosing to have a breast enlargement this will be a scheduled surgery that you medically need as soon as there is an available NHS slot. Try exposing it that way. Good luck.

Atalantea · 05/04/2021 10:57

@Crimeismymiddlename

Your manager is being ridiculous. He seems to be to be equating your essential surgery with a nose job. You’re in great pain so need it done, I don’t count that as elective. Urgent medical matters aren’t just emergency’s. He is being very short sighted. I have had people who have had similar issues, yes it’s annoying when busy, but people get ill-I would never, ever ask them to postpone surgery. That and the NHS does not work to anyone’s schedule but their own.
I think that's it. They are thinking that as elective, it's not urgent, and therefore like having a boob job, or a nose job
Escapetothecuntry · 05/04/2021 10:57

OP please don't dismiss the Equalities Act that quickly. The threshold is very low - the endo has an ongoing impact on your life and ability to do day to day activities. Speak to acas.

Also, I had liver mets removed as "elective" surgery. That doesn't mean it was a boob job elective, it just means it was planned not emergency.

Lougle · 05/04/2021 10:58

So were you planning to use annual leave for the time off? They can't deny sick leave, but annual leave is under the control of the company. I'm not sure whether you can force them to let you have annual leave, but I think it's unlikely.

Escapetothecuntry · 05/04/2021 10:58

(Sorry, to be clear, liver mets = cancer)

DianaT1969 · 05/04/2021 10:59

I wouldn't want to work for this company.

FourWordsImMuNiTy · 05/04/2021 11:00

Tbh loads of people think that Elective Caesarean Section simply means that you’re too posh to push. Unfortunately I think you m need to get embarrassingly clear with either HR or your line manager about what you’re going through.

Steptoeshorse1965 · 05/04/2021 11:01

Are you in a union? You need some proper advice from someone versed in employment law.

Original poster
fightingSmiths · 05/04/2021 11:02

@Lougle

So were you planning to use annual leave for the time off? They can't deny sick leave, but annual leave is under the control of the company. I'm not sure whether you can force them to let you have annual leave, but I think it's unlikely.
no, not annual leave. But they said since it's elective, and we are very busy, they will not allow time off for the surgery (and if I don't go under the knife, sick leave will won't follow as no recovery)..
OP posts:
Igmum · 05/04/2021 11:10

Are you a member of a union OP? If not join one. I find it appalling that a blue chip company behaves this way. Explain everything to your manager about your condition. Document it. Explain to HR. Document that. Get your union involved. Don't change the date you need this. Good luck

Escapetothecuntry · 05/04/2021 11:11

Well, you could go off sick with your endo symptoms anyway.

flowery · 05/04/2021 11:11

You are definitely disabled for the purposes of the Equality Act if you would be bedbound without medication. As others have said, the test for whether a condition is a disability has to be considered as though the individual is not taking medication.

Original poster
fightingSmiths · 05/04/2021 11:16

@Escapetothecuntry

Well, you could go off sick with your endo symptoms anyway.
As I said, I cannot afford SSP! Otherwise I would be off as I am really not very well but sick leave is only for the well of these days. I have bills to pay.
OP posts:
Changechangychange · 05/04/2021 11:18

I would go back to him as soon as you have a date, and tell him the dates you’ll be off for your “planned urgent surgery”. Don’t ask, inform him.

If he insists you cancel it, you go straight to HR and tell them he has told them to cancel your urgent surgery, they clearly you are not going to put your health at risk by doing that, and tell them you’ll be raising a formal disability discrimination grievance if there are any repercussions from you taking that time off for your surgery.

Tistheseason17 · 05/04/2021 11:21

The issue is clearly they think you are "choosing" to have surgery on a set date. They do not understand the term elective.

Now, if you were choosing to have gastric bypass surgery privately, a tummy tuck or other private procedure they would have a point.

But, not this time. Go and get your surgery and feel better soon.

raincamepouringdown · 05/04/2021 11:22

Your manager is being a twat. Talk to your doctor.

Llamadramasheepface · 05/04/2021 11:27

I had quite major elective surgery before Xmas. Was off sick for 6 weeks after and a week before to self isolate. I didn't ask work if this was OK I told them it was happening and it was absolutely fine no questions asked and they even sent me flowers. It didn't occur to me they may say no.

Letshavesometea · 05/04/2021 11:38

Have you phoned ACAS? Apologies if this has already been mentioned as I just skim read the thread.

l2b2 · 05/04/2021 11:43

The mistake you've made is using the term 'elective', which your stupid line manager has interpreted as optional.
Should have just kept it simple and said you're waiting for a date for gynaecology surgery to come through. Your employer doesn't need to know the ins and outs of whether the surgery for your endometriosis is private or NHS. Your GP will supply all the post op sick notes etc.

londonbrick · 05/04/2021 11:43

Does your company have access to an Occupational Health team - might be worth contacting them for support if they do.

Mistressinthetulips · 05/04/2021 11:43

Tistheseason17 I would agree with you re the tummy tuck, but a gastric bypass could be life saving in some cases.
I'm pretty sure I had a day off to have laser eye surgery which was absolutely a choice.
OP if you are in severe pain on a daily basis surely you could just be signed off for the period of time you need.

Escapetothecuntry · 05/04/2021 11:44

I'm confused, surely it's SSP either way? If you go sick with your symptoms and have the surgery, it's still SSP.

Original poster
fightingSmiths · 05/04/2021 11:47

@Escapetothecuntry

I'm confused, surely it's SSP either way? If you go sick with your symptoms and have the surgery, it's still SSP.
yes, SSP either way but if I have surgery, I will need several weeks off. There is no way around. I am sure many women would go on sick pay with my level of pain on some days but I carry on. I will have to bite the SSP bullet post surgery but cannot do it now on top. Hope that clarifies it.

I also have some AL left and might see if I can use one week of AL for the recovery to take the financial strain out.

OP posts: