Hi,
I was permanently employed with Company X for +/-2 years. I then resigned with 24hrs notice due to a medical emergency that forced me out of action for a while (with no real clue as to how long I would be out of commission).
When I returned to the land of the living I emailed the MD of Company X to apologise for me abrupt departure and to thank them for being generous enough to pay me a months salary even though I hadnt worked for that month. I was bowled over when they asked me to return to my old position (they are an exceptionally concerned employer and have been very patient with my continuous medical woes). Because of the previous hiccup they have put me on a fixed term contract which will be taken on as permanent should the fixed term period be without any further upsets - I thought this was fair enough considering my previous behaviour.
My question however is this:
There is a clause in my fixed term contract that is troubling me. Under termintation of employment they have a clause which reads as follows:
The company shall be entitled to terminate your employment summarily (without notice or payment in lieu of notice) or on any other basis it considers appropriate if, inter alia you:
9.3.4. are incapacitated as a consequence of your ill-health
I have checked my previous contract and this clause isn't in there.
Who decides whether I am incapacitated? The company? The doctor? If so who's doctor? My personal doctor or a doctor of their choice? Am I being unneccessarily nitpicky? Is there reason for me to be a bit circumspect of this clause?
While I have no intention of becoming ill to the same degree again, I have no garauntees that I wont.
Should my contract then be 'promoted' to permanent employment, can they include this clause in the permanent contrat too?
I was permanently employed with Company X for +/-2 years. I then resigned with 24hrs notice due to a medical emergency that forced me out of action for a while (with no real clue as to how long I would be out of commission).
When I returned to the land of the living I emailed the MD of Company X to apologise for me abrupt departure and to thank them for being generous enough to pay me a months salary even though I hadnt worked for that month. I was bowled over when they asked me to return to my old position (they are an exceptionally concerned employer and have been very patient with my continuous medical woes). Because of the previous hiccup they have put me on a fixed term contract which will be taken on as permanent should the fixed term period be without any further upsets - I thought this was fair enough considering my previous behaviour.
My question however is this:
There is a clause in my fixed term contract that is troubling me. Under termintation of employment they have a clause which reads as follows:
The company shall be entitled to terminate your employment summarily (without notice or payment in lieu of notice) or on any other basis it considers appropriate if, inter alia you:
9.3.4. are incapacitated as a consequence of your ill-health
I have checked my previous contract and this clause isn't in there.
Who decides whether I am incapacitated? The company? The doctor? If so who's doctor? My personal doctor or a doctor of their choice? Am I being unneccessarily nitpicky? Is there reason for me to be a bit circumspect of this clause?
While I have no intention of becoming ill to the same degree again, I have no garauntees that I wont.
Should my contract then be 'promoted' to permanent employment, can they include this clause in the permanent contrat too?