Sickness absence and sick pay are two areas that can cause headaches and the particular area I would like to open for discussion is elective surgery. Of course SSP is payable whether required or optional surgery.
An elective surgery is a planned, non-emergency surgical procedure. It may be either medically required or optional surgery.
It is unlikely an employee will notify his or her employer of what in most cases will be a very sensitive issue for example if the employee is to undergo surgical enhancements.
Should an employee who has chosen to change the shape of their nose for example be treated any differently from somebody who has chosen for medical reasons to have laser eye surgery?
What if there are complications post surgery and the employee is signed off work by their doctor? Do you have the power to exercise discretion and should you exercise discretion over Company sick pay? If so in which of the two circumstances should you (medically required or optional)? Or if not why not?
Gender reassignment may be the first issue to come to mind. Would you treat an employee differently from one undergoing gender reassignment treatment/surgery?
Do you have a policy to deal with elective surgery and have you considered indirect discrimination?
Paul Edwards heads up our Employment Team and welcomes your comments and views on this topic