New job & employment contract - termination clause

[thesnowman]

Hi, I've been offered a new job and have received their contract of employment. I am a little concerned over the wording of one particular clause with regards termination. I am being careful so may well be reading into this the wrong way or too deeply, but it seems to stand out enough for me to have to ask for your opinion as I've never seen anything like it looking back through my previous contracts... It doesn't seem very long and must seemingly over-ride any statutory sick pay period which I thought could last up to 28 weeks.
"The Company may terminate your employment by giving a period of notice equal to your statutory minimum notice entitlement in accordance with the employment Rights Act 1996 plus eight days if you have been prevented by illness or accident from performing your duties under this contract for an aggregate period exceeding 12 weeks in any consecutive 52 week period."

Thanks for helping, I have until tomorrow to accept or reject.

[Kati]

Re: New job & employment contract - termination clause

[MENTION=26290]mariefab[/MENTION] [MENTION=67649]matt3942[/MENTION] [MENTION=70489]judgemental24[/MENTION] [MENTION=48758]stevemLS[/MENTION] any advice please??

[judgemental24]

Re: New job & employment contract - termination clause

I think allowing 12 weeks before terminating your contract on capability grounds in any 52 week period is Quite generous. If you become disabled under the equality act then different rules apply but that is quite reasonable for a run of the mill absence procedure

[stevemLS]

Re: New job & employment contract - termination clause

I think the statutory minimum + 8 days will be allowing for accrued holiday pay?

In one way it is good to know when they might dismiss on capability grounds, many people just do not know.

[thesnowman]

Re: New job & employment contract - termination clause

OK thanks, so it seems acceptable then... I have never seen anything like this clause before