Stage 3 for total knee replacement

[Rosered]

I had a total knee replacement last year. Was off for 5 months. This triggered a stage 2. Appealed it as osteoarthritis is recognized under equality act, but I was not successful. I now need my other knee doing. Op is in May. It will trigger a stage 3, consideration of dismissal. Do you think I am likely to lose my job? My new knee is amazing, no issues and I expect my next knee to be equally as good. I have been in the job almost 20 yrs. Any advice insight welcome.

[tramssirhc]

The absence policy is discretionary. Warnings do not have to be issued. If you think your condition was caused by your employment you should record this with your employer by using their reporting process and you should record your condition with the industrial injuries board.

[Rosered]

Thanks for the reply. Can you tell me what the industrial injuries board is? I googled it, but nothing came up.

[tramssirhc]

Thanks for the reply. Can you tell me what the industrial injuries board is? I googled it, but nothing came up.

l

Aye. Its the Industrial Injuries Advisory Council sorry.

[Rosered]

Thankyou.

[TopperGas]

I had a total knee replacement last year. Was off for 5 months. This triggered a stage 2. Appealed it as osteoarthritis is recognized under equality act, but I was not successful. I now need my other knee doing. Op is in May. It will trigger a stage 3, consideration of dismissal. Do you think I am likely to lose my job? My new knee is amazing, no issues and I expect my next knee to be equally as good. I have been in the job almost 20 yrs. Any advice insight welcome.

If you did then surely you'd have a decent chance of success at an Employment Tribunal? What's the alternative you seek ill health retirement and it then costs RM even more money?

[Edward Hunter]

I had a hip replacement and the manager was straight on my case about IHR. Another postie had one exactly the same time and he never even mentioned it to him. So everything is discretionary/if your face fits. End of the day like me, what you had is corrective surgery, the goal being to get you back to full working order so you should be fine but they have to follow the process as they see fit, but emphasise its corrective surgery. ten years later im still pounding the streets for countless miles a week so no reason that wont be you.

[postmanplod2026]

ive known new guy whos been on a 3rd stage for years and has been off 23 times more and hes still here im not sure if its just guys on legacy contracts the 3 stages applies to because the new guys get f**k all wages they keep them

[Acca Dacca]

ive known new guy whos been on a 3rd stage for years and has been off 23 times more and hes still here im not sure if its just guys on legacy contracts the 3 stages applies to because the new guys get f**k all wages they keep them

If hes been there years then he is now on the same terms as legacy for sick no?

[Rosered]

Thankyou to everyone who took the time to reply.

[eggraidonmojo]

Hi Rosered,


Just to add to what others have said...

It's good that you appealed the stage two as it shouldn't have been issued. Even though you lost the appeal the fact that you put it in will help if they try to issue you a stage 3.

In short, policy is that equality act related absences will be discounted. See attached.

Manager doesn't know the company's own policy, but most of them don't - or wilfully ignore it.

You may well need to get your rep involved, and even if they do sack you you should win at appeal.

If in the unlikely event they you don't, you should take it all the way to tribunal, where the compensation for equality act related issues is unlimited!

Screenshot_20260406-193218.Firefox.png

[clashcityrocker]

In short, policy is that equality act related absences will be discounted. See attached.

It isn't quite that straightforward, as the screenshot you provided outlines.

During the first instance was the OP referred to occupational health?
Did they state s/he would be covered under the Equality Act.
It isn't up to a manager or a rep to decide what is covered under the EA. They aren't medically trained.

[eggraidonmojo]

In short, policy is that equality act related absences will be discounted. See attached.

It isn't quite that straightforward, as the screenshot you provided outlines.

During the first instance was the OP referred to occupational health?
Did they state s/he would be covered under the Equality Act.
It isn't up to a manager or a rep to decide what is covered under the EA. They aren't medically trained.

Yeah true, but as part of a Consideration of Dismissal they always refer to OH.

If the OH assessor decides it is covered, then that should be it.

If the OP has been referred previously and the report says they are covered then those previous stages shouldn't have been issued.