Common use of Incapacity Clause in Contracts

Incapacity. 15.1 Subject to the Employee's compliance with the Company's sickness absence procedures (as amended from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 2 contracts

Samples: Service Agreement (Remmington Enterprises, Inc.), Service Agreement (Remmington Enterprises, Inc.)

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Incapacity. 15.1 Subject 10.1 If the Executive is unable to attend work for any reason and his absence has not previously been authorised by the Company he must inform the Chief Restructuring Officer or the Chief Executive Officer or his designate of the Company of the fact of his absence and full reasons for it by 9:30am on the first Working Day of absence. Someone acting for him may effect this notification. 10.2 If the Executive is absent for a period of sick absence of more than 8 consecutive days (including weekends) the Executive shall produce a doctor's statement or certificate. Such certificate shall not be conclusive or binding upon the Company as to the Employeematters stated therein. If the Company requires a doctor's compliance statement or certificate for a period of absence of less than 8 days consecutive days then the Company will pay for the cost of obtaining it. 10.3 If the Executive shall be absent on medical grounds certified in accordance with the Company's sickness absence procedures (as amended from time to time), provisions of clause 10.2 he shall continue to receive be paid his full salary and contractual benefits during hereunder for up to 13 weeks' absence in any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment 12 consecutive months (such remuneration shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at Statutory Sick Pay to which the time of absence. 15.2 The Employee agrees to consent to medical examinations Executive is entitled under English law PROVIDED THAT any Social Security Sickness Benefit or other benefits recoverable by the Executive (at whether or not recovered) may be deducted therefrom) thereafter the Company's expense) Disability Policy shall come into effect. 10.4 For Statutory Sick Pay purposes the Executive's qualifying days shall be Monday to Friday. 10.5 At any time during the period of his appointment the Executive shall at the request and expense of the Company permit himself to be examined by a doctor nominated registered medical practitioner to be selected by the Company should and shall authorise such medical practitioner to disclose to and discuss with the Company's medical adviser the results of such examination and any matters which arise from it in order that the Company's medical adviser can notify the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on matters, which, in his opinion, might hinder or prevent the part of Executive (if during a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less incapacity) from returning to work for any costs borne by him period or (in connection with the recovery other circumstances) from properly performing any duties of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacityhis employment at any time. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 2 contracts

Samples: Deed of Agreement (Oneida LTD), Deed of Agreement (Oneida LTD)

Incapacity. 15.1 Subject 12.1 If the Executive is absent from work due to Incapacity he shall notify the Employee's compliance with Company as soon as possible about the nature of his illness and how long he is likely to be absent. If the Incapacity continues for seven or more consecutive days the Executive shall provide a medical practitioner’s statement on the eighth day and weekly thereafter. Immediately following the Executive’s return to work after a period of absence the Executive shall complete a self-certification form which shall be made available by the Company's sickness absence procedures (as amended . 12.2 If the Executive is absent from time work due to time), he Incapacity duly notified and certified in accordance with Clause 12.1 the Company shall continue to receive pay the Executive at his full basic rate of salary and contractual benefits during for the first 3 months of any period of sickness absence, after which the Executive will be paid at 75% of his basic rate of salary for sickness absence due to Incapacity for up to an aggregate 6 months, and then 25% of 2 weeks in his basic salary for sickness absences up to 12 months. After 12 months sickness absence, the Company will not pay any 52 week period. Such payment shall enhanced sickness pay and the Executive will only be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absenceentitled to SSP. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 12.3 If the Incapacity is or appears to shall be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, recoverable the Employee Executive shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that shall give to the Board may reasonably require. The Employee shall if required such particulars and all payments made to the Executive by the Board, refund Company by way of salary (including any bonus or commission) or sick pay shall to the extent that damages for loss of earnings are recoverable from that third party constitute loans from the Company to the Executive (notwithstanding that as an interim measure income tax and national insurance has been deducted from payments as if they were emoluments of employment) and shall be repaid to the Company when and to the extent that part the Executive recovers damages for loss of earnings. 12.4 The remuneration paid under Clause 12.2 shall include any statutory sick pay payable and when this is exhausted shall be reduced by the amount of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee state benefits (including state sickness benefit and invalidity benefit) and other benefits recoverable by the Company in respect of the period of IncapacityExecutive (whether or not recovered). 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 2 contracts

Samples: Service Agreement (Xenetic Biosciences, Inc.), Service Agreement (Xenetic Biosciences, Inc.)

Incapacity. 15.1 Subject to 12.1 If the Employee's compliance with the Company's sickness absence procedures (as amended Executive is absent from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence work due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at sickness or injury he must notify the time Chairman or Human Resources Director as early as possible on the first day of absence. 15.2 The Employee agrees 12.2 If the Executive is incapable of working due to consent sickness or injury he must provide the Human Resources Department with a completed LIFFE sickness self-certification form immediately upon return to work. 12.3 If the Executive’s incapacity continues for more than seven calendar days he must obtain a certificate or certificates from a registered medical examinations practitioner (or hospital) for so long as his incapacity for work continues. This must be forwarded to the Human Resources Director, 12.4 In the event of the Executive being prevented by a medically certified illness or injury from performing his duties, under the terms of this employment he is entitled to receive: a) eligible Statutory Sick Pay; and b) payment from the Company, for a period of eight weeks of absence per annum through sickness, to augment SSP to the level of his current remuneration. Further payment beyond this period is at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents discretion of the report with Company. Thereafter the relevant doctorExecutive shall be entitled to such benefits, if any, as are payable under the Company’s permanent health insurance scheme. 15.3 12.5 If any incapacity of the Incapacity is Executive shall be caused by any alleged action or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part wrong of a third party and the Executive shall decide to claim damages in respect thereof then the Executive shall use all reasonable endeavours to recover damages for loss of earnings over the period for which salary has been or will be paid to him under clause 12.4 and shall account to the Company for any such damages recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under clause 12.4 in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine said period) less any costs borne by him in connection with achieving such recovery. The Executive shall keep the recovery Company informed of the commencement, progress and outcome of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacityclaim. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 2 contracts

Samples: Employment Agreement (NYSE Euronext, Inc.), Employment Agreement (NYSE Euronext)

Incapacity. 15.1 10.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the CEO of the reason for the absence as soon as possible. 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager. 10.3 Subject to the Employee's compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time)) and subject to clause 10.4, he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Company sickness policy, which may be amended from time of absenceto time, and which is available from the Group HR Manager. 15.2 10.4 If the Employee has been on long term sick leave continuously for more than a year, he will not qualify for sick pay again until he has returned to work for a total of 4 weeks. 10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company or any Group Company and the Company and such Group Company may discuss the contents of the report with the relevant doctor. 15.3 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 10.7 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Volitionrx LTD)

Incapacity. 15.1 10.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the CEO of the reason for the absence as soon as possible but no later than 9am on the first day of absence. 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager. 10.3 Subject to the Employee's compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time)) and subject to clause 10.4, he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Company sickness policy, which may be amended from time of absenceto time, and which is available from the Group HR Manager. 15.2 10.4 If the Employee has been on long term sick leave continuously for more than a year he will not qualify for sick pay again until he has returned to work for a total of 4 weeks. 10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company or any Group Company and the Company and such Group Company may discuss the contents of the report with the relevant doctor. 15.3 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 10.7 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 2 contracts

Samples: Employment Agreement (Volitionrx LTD), Employment Agreement (Volitionrx LTD)

Incapacity. 15.1 Subject 17.1 If the Executive is absent from work due to Incapacity, the EmployeeExecutive shall notify the Company of the reason for the absence as soon as possible on the first day of absence. 17.2 Immediately following the Executive's compliance with the Company's sickness absence procedures (as amended from time return to time), he shall continue to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity for of seven days or less the Executive must complete a self-certification form. For periods of absence of more than seven consecutive days the Executive must produce a doctor's fit note verifying that the absence is due to Incapacity. 17.3 Subject to complying with the Company’s absence requirements above and to the remaining provisions of this Clause 17, the Executive shall be entitled to receive full Basic Salary and contractual benefits during any periods of absence due to Incapacity up to an aggregate a maximum of 2 12 weeks in aggregate in any 52 rolling 52-week period. Such payment Any such payments shall be inclusive of any statutory sick pay. The Executive's qualifying days for statutory sick pay due in accordance with applicable legislation in force at the time of absencepurposes are Monday to Friday. 15.2 17.4 The Employee Executive agrees to consent to medical examinations (at the Company's expense) by a doctor or clinic nominated by the Company should the Company so require. The Employee Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 17.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and provide all relevant particulars that the Board Company may reasonably require. The Employee shall Executive shall, if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him the Executive relating to the loss of earnings for the period of the Incapacity as the Board Company may reasonably determine less any costs borne by him the Executive in connection with the recovery of such damages or compensation, provided that the amount to be refunded to the Company shall not exceed the total amount paid to the Employee Executive by the Company in respect of the period of Incapacity. 15.4 17.6 The rights of the Company is entitled to terminate the Appointment Executive's employment under the terms of this Agreement apply even when agreement notwithstanding that any such termination would or might cause the Employee Executive to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits. 17.7 The payment of the Executive's Basic Salary and other contractual benefits during absence due to Incapacity is conditional on: (a) notice not having been served by either party; (b) the Executive not being the subject of a disciplinary investigation which could result in the Executive's dismissal for gross misconduct; and (c) the Executive not being under a performance improvement plan.

Appears in 1 contract

Samples: Service Agreement (Akanda Corp.)

Incapacity. 15.1 Subject 14.1 The Executive shall be entitled during any period of Incapacity to receive sick pay from the EmployeeCompany, which (including Statutory Sick Pay) will be equivalent in the aggregate in any period of 12 months to (a) the Executive's compliance with basic pay for up to 12 weeks’ absence; (b) following such 12-week period, 50% of her basic salary for up to 12 additional weeks’; and (c) thereafter such remuneration (if any) as the Board in its sole discretion allows. Any such entitlement is conditional on the Executive having followed the Company's sickness absence procedures (as amended from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks set out in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absenceStaff Handbook. 15.2 14.2 The Employee Executive agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctordoctor to the extent relevant to the Executive's employment or the performance of her duties. 15.3 14.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee Executive shall if required by the BoardCompany, refund to the Company that part of any damages or compensation recovered by him her relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him her in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee Executive by the Company in respect of the period of Incapacity. 15.4 14.4 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee Executive to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits. However, this provision shall have no impact on the Executive’s statutory rights or any contracted right to notice of termination pursuant to clause 2.1 of this agreement.

Appears in 1 contract

Samples: Executive Service Agreement (Providence Service Corp)

Incapacity. 15.1 Subject 11.1 If the Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the Employee's compliance Chairman and if the Appointee is so prevented for three or more consecutive days he shall provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. 11.2 The Company will pay company sick pay at 3 months full pay and then 3 months half pay in any rolling 12 month period. if the Appointee is absent from his duties hereunder due to Incapacity the Appointee may (and where awarded, without prejudice to the right of the Company to terminate the Appointee’s employment in accordance with the Company's sickness absence procedures (provisions of this Agreement) be paid for a particular period of time his full remuneration, or pad thereof, hereunder, as amended the Company shall determine in its entire discretion from time to time). Any payments the Appointee would be entitled to from social security or other insurances (e.g. sickness benefits, he shall continue daily allowances) have to receive be set off against any payments of remuneration under this clause 10.2. 11.3 If the Appointee suffers an Incapacity preventing him from discharging in full his full salary duties hereunder for a total of one hundred and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks twenty six (126) or more working days in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and twelve consecutive calendar months, the Company may discuss by notice in writing to the contents Appointee given at any time so long as the Incapacity shall continue: (a) discontinue any payment, if any, in whole or part of his remuneration on and from such date as may be specified in the report with notice until the relevant doctorIncapacity shall cease; or (b) whether or not payment shall have already been discontinued as aforesaid, terminate this employment forthwith or on such date as may be specified in the notice. 15.3 11.4 If the Incapacity is or appears sickness shall be or appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, the Employee Appointee shall immediately notify the Board Chairman and the Chief Financial Officer (CFO) of that the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the Chairman all relevant particulars that the Board Chairman may reasonably require. The Employee require and shall (if so required by the Board, Chairman) refund to the Company that such part of any damages or compensation recovered by him relating to the loss of earnings for the period of the absence by reason of Incapacity or sickness as the Board Chairman may reasonably determine determine, provided that: (a) the amount to be refunded shall not exceed either the amount of the damages or compensation recovered by the Appointee less any costs borne by him in connection with the such recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount remuneration paid to the Employee Appointee by the Company way of salary in respect of the period of the Incapacity; (b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall be deemed to be made after recovery in respect of any other head of claim. 15.4 The rights 11.5 At any time during the Term, the Appointee shall at the request and expense of the Company permit himself to terminate be examined by a registered medical practitioner to be selected by the Appointment under Company and shall authorise such medical practitioner to disclose to and discuss with the terms Company’s medical adviser the results of this Agreement apply even when such termination would examination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or might cause prevent the Employee Appointee (if during a period of Incapacity or sickness) from returning to forfeit work for any entitlement to sick pay, permanent health insurance period or (in other benefitscircumstances) from properly performing any duties of his appointment at any time.

Appears in 1 contract

Samples: Service Agreement (GC Aesthetics PLC)

Incapacity. 15.1 1. Subject to the Employee's compliance with this Agreement and the Company's sickness absence procedures (as amended from time to time), he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 12 weeks in any 52 52-week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absencelegislation. 15.2 The 2. With respect to any medical condition or suspected medical condition that the Board believes has, or will have, an impact on the Employee's ability to perform his duties hereunder, the Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so requireCompany. The Employee agrees that any report produced in connection with any such examination may be disclosed to relevant personnel within the Company who shall treat it as extremely confidential and not discuss it with anyone outside the Company save that the Company may discuss the contents of the report with the relevant doctordoctor and any relevant legal advisor. 15.3 3. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 4. The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Agreement (Ensco PLC)

Incapacity. 15.1 Subject to 10.1 The Company may request that the Employee's compliance with Executive attends a medical examination by occupational health and/or an independent medical examination, the cost of which will be borne by the Company's sickness absence procedures (as amended from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees Executive acknowledges that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss need the contents Executive to attend that examination, and to see the results of that examination and information from other medical professionals who may be treating the report with Executive, in order to make decisions about the Executive's employment, including any reasonable adjustments (and that if relevant doctorinformation is withheld the Company may make decisions in the absence of such information). 15.3 10.2 If the Incapacity Executive is or appears absent from and unable to be occasioned by actionable negligence, nuisance or breach perform the Executive's duties as a result of any statutory duty on the part of incapacity for a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of seven days or more the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount Executive will produce medical certificates to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the absence and shall keep the Company informed of the progress of and material developments in relation to such incapacity. 10.3 Subject to clauses 10.4 and 10.5, if the Executive shall be absent from and unable properly to perform the Executive's duties owing to incapacity, the Executive shall be entitled to full salary and benefits excluding any bonus or commission for a maximum of 60 days absence in any period of Incapacity12 consecutive months. Continuation (if any) of salary and/or benefits in respect of any further period of absence shall be at the discretion of the Board. Any sums paid under this clause shall be deemed to be inclusive of statutory sick pay. 15.4 10.4 The rights of Executive's entitlement under clause 10.3 shall cease if the Company Executive becomes eligible to terminate the Appointment receive benefits under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance scheme or any other benefitssuch scheme in respect of which the Company or any Group Company pays or has paid premiums on behalf of the Executive, in which case the Company shall have no further obligation to the Executive under this clause. 10.5 If the Executive is absent due to illness for more than three months, the Board shall be entitled at any time thereafter to appoint a further executive director or employee to perform the Executive's duties and to exercise the Executive's powers. 10.6 The Executive shall promptly inform the Board if the Executive's inability to perform the Executive's duties results from incapacity caused by a third party and for which compensation is or may be recoverable by or on behalf of the Executive. In that event, any payments made under this clause in excess of statutory sick pay shall be treated as being made to the Executive by way of loan and shall be recoverable by the Company if and to the extent that the Executive recovers damages or compensation for loss of earnings from the said third party and/or from the Criminal Injuries Compensation Authority or the Motor Insurers' Bureau or any other similar body by action or otherwise. The Executive shall keep the Board regularly informed of the progress of any action against such third party, provide such information as the Board may from time to time reasonably require and shall immediately notify the Board in writing of any compromise, settlement, award or judgment in connection with the claim. At the Board's request, the Executive shall refund to the Company the lesser of the amount recovered by the Executive and the aggregate cost of payments and benefits in excess of statutory sick pay provided under

Appears in 1 contract

Samples: Service Agreement

Incapacity. 15.1 13.1 Subject to the Employee's compliance his complying with the Company's sickness procedures relating to the notification and certification of periods of absence procedures (as amended from time to time)work, he the Executive shall continue to receive be paid his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be (inclusive of any statutory sick pay on social security benefits to which he may be entitled) during any period of absence from work due to sickness, injury or other incapacity up to a maximum of 26 weeks in accordance with applicable legislation aggregate in force at the time any period of absence52 consecutive weeks. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that 13.2 If any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents incapacity of the report with the relevant doctor. 15.3 If the Incapacity is Executive shall be caused by an alleged action or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part wrong of a third party and the Executive shall decide to claim damages in respect thereof and shall recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under Clause 13.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under Clause 13.1 in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine said period) less any costs borne by him in connection with achieving such recovery. The Executive shall keep the recovery Company commencement, progress and outcome of any such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee claim. If required by the Company in respect (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavors to recover such damages. 13.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld. 13.4 For the purposes of the period Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of Incapacity. 15.4 ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The rights of Executive undertakes to sign any additional consents that may be required for the Company to terminate the Appointment under the terms of this Agreement apply even when process such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsinformation for such purposes.

Appears in 1 contract

Samples: Service Agreement (Inspired Entertainment, Inc.)

Incapacity. 15.1 14.1 Subject to the Employee's compliance his complying with the Company's sickness procedures relating to the notification and certification of periods of absence procedures (as amended from time to time)work, he the Executive shall continue to receive be paid his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be (inclusive of any statutory sick pay or social security benefits to which he may be entitled) during any period of absence from work due to sickness, injury or other incapacity up to a maximum of 26 weeks in accordance with applicable legislation aggregate in force at the time any period of absence52 consecutive weeks. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that 14.2 If any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents incapacity of the report with the relevant doctor. 15.3 If the Incapacity is Executive shall be caused by an alleged action or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part wrong of a third party and the Executive shall decide to claim damages in respect thereof and shall recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under Clause 14.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under Clause 14.1 in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine said period) less any costs borne by him in connection with achieving such recovery. The Executive shall keep the recovery Company commencement, progress and outcome of any such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee claim. If required by the Company in respect (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavours to recover such damages. 14.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld. 14.4 For the purposes of the period Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of Incapacity. 15.4 ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The rights of Executive undertakes to sign any additional consents that may be required for the Company to terminate the Appointment under the terms of this Agreement apply even when process such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsinformation for such purposes.

Appears in 1 contract

Samples: Service Agreement (Inspired Entertainment, Inc.)

Incapacity. 15.1 Subject 13.1 If the Executive shall be prevented by illness (including mental disorder) injury or other incapacity from properly performing his duties hereunder he shall report this fact forthwith to the Employee's compliance with Chief Executive and if the Company's sickness absence procedures (as amended from time to time), Executive is so prevented for seven or more consecutive days he shall continue provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of incapacity is certified by such statements. Immediately following his return to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity incapacity the Executive shall complete a self-certification form available from the Company Secretary’s office detailing the reason for his absence. 13.2 If the Executive shall be absent from his duties hereunder due to illness (including mental disorder) injury or other incapacity duly certified in accordance with the provisions of clause 13.1 hereof, he shall be paid his full remuneration hereunder for up to an aggregate of 2 weeks 180 working days’ absence in any 52 week period. Such payment period of 12 consecutive months and thereafter such remuneration, if any, as the Board shall from time to time determine provided that all such remuneration shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force Statutory Sick Pay to which the Executive is entitled or other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom. 13.3 For Statutory Sick Pay purposes the executive’s qualifying days shall be his normal working days. 13.4 At any time during the period of this employment the Executive shall at the time request and expense of absence. 15.2 The Employee agrees the Company permit himself to consent to be examined by a registered medical examinations practitioner (at if in the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with ’s reasonable opinion any such examination may is necessary or appropriate), such medical practitioner to be disclosed selected by the Company. The Executive authorises such medical practitioner to disclose to and discuss with the Company’s medical adviser the results of such examination (“the Results”) and any matters which arise from it in order that the Company’s medical adviser can notify the Company of any matters which, in his opinion, might hinder or prevent the Executive (if during a period of incapacity) from returning to work for any period or (in other circumstances) from properly performing any duties of his appointment at any time. Subject to the Company and provisions of law or professional conduct prohibiting disclosures of the Results to the Executive, the Executive shall be entitled to be informed of the Results. 13.5 The Company may discuss terminate the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty Executive’s employment on the part grounds of a third party incapacity, as set out in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacityclause 16 hereof. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Agreement (Walgreens Boots Alliance, Inc.)

Incapacity. 15.1 Subject to 10.1 The Company may request that the Employee's compliance with Executive attends a medical examination by occupational health and/or an independent medical examination, the cost of which will be borne by the Company's sickness absence procedures (as amended from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees Executive acknowledges that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss need the contents Executive to attend that examination, and to see the results of that examination and information from other medical professionals who may be treating the report with Executive, in order to make decisions about the Executive's employment, including any reasonable adjustments (and that if relevant doctorinformation is withheld the Company may make decisions in the absence of such information). 15.3 10.2 If the Incapacity Executive is or appears absent from and unable to be occasioned by actionable negligence, nuisance or breach perform the Executive's duties as a result of any statutory duty on the part of incapacity for a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of seven days or more the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount Executive will produce medical certificates to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the absence and shall keep the Company informed of the progress of and material developments in relation to such incapacity. 10.3 Subject to clauses 10.4 and 10.5, if the Executive shall be absent from and unable properly to perform the Executive's duties owing to incapacity, the Executive shall be entitled to full salary and benefits excluding any bonus or commission for a maximum of 60 days absence in any period of Incapacity12 consecutive months. Continuation (if any) of salary and/or benefits in respect of any further period of absence shall be at the discretion of the Board. Any sums paid under this clause shall be deemed to be inclusive of statutory sick pay. 15.4 10.4 The rights of Executive's entitlement under clause 10.3 shall cease if the Company Executive becomes eligible to terminate the Appointment receive benefits under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance scheme or any other benefitssuch scheme in respect of which the Company or any Group Company pays or has paid premiums on behalf of the Executive, in which case the Company shall have no further obligation to the Executive under this clause. 10.5 If the Executive is absent due to illness for more than three months, the Board shall be entitled at any time thereafter to appoint a further executive director or employee to perform the Executive's duties and to exercise the Executive's powers. 10.6 The Executive shall promptly inform the Board if the Executive's inability to perform the Executive's duties results from incapacity caused by a third party and for which compensation is or may be recoverable by or on behalf of the Executive. In that event, any payments made under this clause in excess of statutory sick pay shall be treated as being made to the Executive by way of loan and shall be recoverable by the Company if and to the extent that the Executive recovers damages or compensation for loss of earnings from the said third party and/or from the Criminal Injuries Compensation Authority or the Motor Insurers' Bureau or any other similar body by action or otherwise. The Executive shall keep the Board regularly informed of the progress of any action against such third party, provide such information as the Board may from time to time reasonably require and shall immediately notify the Board in writing of any compromise, settlement, award or judgment in connection with the claim. At the Board's request, the Executive shall refund to the Company the lesser of the amount recovered by the Executive and the aggregate cost of payments and benefits in excess of statutory sick pay provided under this clause in respect of such period of absence. Any such payment under this clause shall

Appears in 1 contract

Samples: Service Agreement

Incapacity. 15.1 10.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the Chief Executive Officer of the reason for the absence as soon as possible but no later than 10 am on the first day of absence. 10.2 The Employee shall certify his absence until he is required to obtain a fit note from his GP. 10.3 Subject to the Employee's his compliance with this Agreement, the Company's sickness absence procedures (as amended from time to time), he Employee shall continue be entitled to receive his full salary and contractual benefits during any period periods of sickness absence due to Incapacity for up to an aggregate a maximum of 2 weeks 10 days in any 52 week period. Such payment Those payments shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absenceSSP due. 15.2 10.4 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed in its complete form to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 10.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board Chief Executive Officer of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board Chief Executive Officer may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board Chief Executive Officer may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 10.6 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 1 contract

Samples: Employment Contract (Akari Therapeutics PLC)

Incapacity. 15.1 12.1 If the Executive is absent from his duties as a result of illness or injury he will notify the Group Chief Executive as soon as possible and complete any self-certification forms which are required by the Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence. 12.2 Subject to the Employeerest of clause 12 and to clause 17.1.7 and subject to the receipt of the appropriate certificates in accordance with clause 12.1, if the Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his basic salary at the full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 28 weeks in any period of 12 months (whether the absence is intermittent or continuous). Thereafter during sickness absence the Executive will not be entitled to any further salary or benefits ((other than any medical expenses or permanent health insurance provided by the Company) including without limitation provision of a car) until he has returned to work. 12.3 If the Executive is absent from work because of any injury or condition (physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than the Company or any Group Company) and recovers damages or compensation from such party, the Executive will repay immediately to the Company a sum equivalent to the amount (if any) of any such damages or compensation which relates to any period of absence during which the Executive received salary from the Company pursuant to clause 12.2. 12.4 If the Executive has been absent from work because of any injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for whom the Company or any Group Company is vicariously liable and for which the Executive may be or become entitled to recover damages or compensation, any such damages or compensation payable will be reduced by the amount of any salary (including Statutory Sick Pay) paid to him and by the pension received or receivable by him in the period in respect of which such damages or compensation are calculated. 12.5 The Executive's compliance with basic salary paid under clause 12.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered). 12.6 Without prejudice to the Company's sickness absence procedures (as amended from time right to time)terminate this Agreement pursuant to clause 17.1.1 to 17.1.6 inclusive, he shall continue the Company agrees not to receive his full salary and contractual benefits terminate this Agreement during any period of sickness absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory before Company sick pay due in accordance with applicable legislation in force at payable pursuant to clause 12.2 has been exhausted and/or if such termination would prejudice or limit the time of absence. 15.2 The Employee agrees to consent to medical examinations (at Executive's rights or prospective rights under the Company's expense) permanent health insurance scheme referred to in clause 10.4.3. 12.7 Whether or not the Executive is absent by reason of sickness, injury or other incapacity the Executive will at the request of the Board agree to have a medical examination performed by a doctor nominated appointed and paid for by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss Executive hereby authorises the contents of the Board to have unconditional access to any report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach reports (including copies) produced as a result of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity such examination as the Board may reasonably determine less any costs borne by him in connection from time to time require and entitlements to salary pursuant to clause 12.2 will be conditional on the Executive complying with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsclause 12.7.

Appears in 1 contract

Samples: Service Agreement (Premier Farnell PLC)

Incapacity. 15.1 Subject to 11.1. If the Employee's compliance with the Company's sickness absence procedures (as amended Executive is absent from time to time)work for any reason, he shall continue to receive his full salary and contractual benefits during any period must notify the Company of the reason for absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation the sickness absence procedure in force at the time of absenceEmployee Handbook. 15.2 11.2. The Employee Executive agrees to consent to a medical examinations examination (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 11.3. Subject to the Executive complying with the Company's notification and certification procedures above the Executive will be entitled to receive his full salary (inclusive of any SSP due) for the first thirteen (13) weeks of absence in any 12-month period. 11.4. Should the Executive remain absent after the expiry of the thirteen week period referred to above his entitlement will be to statutory sick pay only unless the Company, in its absolute discretion, decides to extend the continuation of the Executive's full salary or part thereof. The Company is not, however, under any obligation to make any payment of salary in these circumstances. 11.5. The Company reserves the right to withhold sick pay if the Executive is certified as fit to work by the Company's doctor. 11.6. For statutory sick pay purposes qualifying days shall be the Executive's normal working days. 11.7. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee Executive shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee Executive by the Company in respect of the period of Incapacity. 15.4 The rights . On and from the date that either the Executive or the Company has given notice to terminate this Agreement in accordance with clause 17, the Executive will not be entitled to any contractual payment of salary for any period of sickness absence within the last calendar month of the Company notice period and will only be entitled to terminate the Appointment under the terms payment of statutory sick pay. The provisions of this Agreement clause 11.7 apply even when such termination would or might cause irrespective of whether he has complied with the Employee Company’s notification and certification procedures and general terms relating to forfeit any entitlement to sick pay, permanent health insurance or other benefitssickness absence.

Appears in 1 contract

Samples: Service Agreement (GAIN Capital Holdings, Inc.)

Incapacity. 15.1 13.1 If the Employee is absent from work due to Incapacity, the Employee shall notify his Manager and the Human Resource department of the reason for the absence as soon as possible. 13.2 Subject to the Employee's compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time), he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Company sickness policy, which may be amended from time of absenceto time. The Employee's qualifying days for Statutory Sick Pay purposes are Monday to Friday. 15.2 13.3 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The require and the Employee agrees that will be expected to authorise the Company to have access to any report or reports (including copies) produced in connection with as a result of any such examination may be disclosed to the Company and as the Company may discuss the contents of the report with the relevant doctorfrom time to time require to enable it to assess his ability to work and any reasonable adjustments it may be obliged or willing to consider. 15.3 13.4 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him the Employee relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him the Employee in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 13.5 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 1 contract

Samples: Employment Contract

Incapacity. 15.1 If the Executive is absent from work due to Incapacity, he (or a person on his behalf) shall notify the Board of Directors of the reason for the absence as soon as possible but no later than 10:00 a.m. on the first day of absence. Subject to the Employee's Executive’s compliance with this agreement and the Company's sickness absence procedures (as amended from time to time), he ’s “Medical Sick Leave Policy” and “Extended Medical Leave Policy” Executive shall continue be entitled to receive his full salary and contractual benefits Base Salary during any period periods of sickness absence due to Incapacity for up to an aggregate a maximum of 2 two weeks in any 52 52-week period. Such payment This does not affect any entitlement Executive may have to receive Statutory Sick Pay (“SSP”) for the same periods of sickness absence, although any sick pay Executive receives from the Company shall be inclusive of any statutory sick pay SSP due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee to him. Executive’s qualifying days for SSP purposes are Monday to Friday. Executive agrees to consent to medical examinations (at the Company's ’s expense) by a doctor nominated by the Company at any time should the Company we so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board of Directors of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board of Directors may reasonably require. The Employee Executive shall if required by the BoardBoard of Directors, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him Executive relating to the loss of earnings for the period of the Incapacity Incapacity, as the Board of Directors may reasonably determine determine, less any costs borne by him Executive in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee Executive by the Company in respect of the period of Incapacity. 15.4 . The Company’s rights of the Company to terminate the Appointment this employment of Executive under the terms of this Agreement agreement apply even when such termination would or might cause the Employee Executive to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 1 contract

Samples: Executive Employment Agreement (Vaalco Energy Inc /De/)

Incapacity. 15.1 Subject 13.1 If the Executive shall be prevented by illness (including mental disorder) injury or other incapacity from properly performing his duties hereunder he shall report this fact forthwith to the Employee's compliance with designated Company representative and if the Company's sickness absence procedures (as amended from time to time), Executive is so prevented for seven or more consecutive days he shall continue provide a medical practitioner's statement on the eighth day and weekly thereafter so that the whole period of incapacity is certified by such statements. Immediately following his return to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity incapacity the Executive shall complete a self-certification form available from the Company detailing the reason for his absence. 13.2 If the Executive shall be absent from his duties hereunder due to illness (including mental disorder) accident or other incapacity duly certified in accordance with the provisions of sub-clause 13.1 hereof, he shall be paid (subject to any entitlement he may have to benefit under the Company's permanent health insurance scheme referred to in clause 9.1 above) his full remuneration hereunder (including bonus and commission, if any) for up to an aggregate of 2 weeks 270 days' absence whether or not consecutive in any 52 week period. Such payment period of 12 consecutive months and thereafter such remuneration, if any, as the Board shall determine from time to time provided that such remuneration shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at Statutory Sick Pay to which the time of absenceExecutive is entitled and any Social Security Sickness Benefit or any other benefits recoverable by the Executive (whether or not recovered) may be deducted therefrom. 15.2 The Employee agrees to consent to medical examinations (at 13.3 If the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents illness, accident or other incapacity of the report with the relevant doctor. 15.3 If the Incapacity is Executive shall be or appears appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the Company all relevant particulars that the Board Company may reasonably require. The Employee require and shall if required by the Board, Company refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity incapacity as the Board Company may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, require provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages or compensation and shall not exceed the total amount remuneration paid to the Employee him by the Company way of salary in respect of the period of Incapacityabsence. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Service Agreement (Ebookers PLC)

Incapacity. 15.1 10.1 Subject to the Employee's your compliance with the Company's sickness absence procedures of the Company (as amended from time to time), he shall if you continue to receive his full salary payment and contractual benefits (other than statutory sick pay) during any period of absence due to Incapacity for up to an aggregate this is entirely at the discretion of 2 weeks the Company. Any indicative potential entitlements are included in Schedule 1 and any 52 week period. Such payment payments shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees 10.2 You agree to consent to medical examinations (at the expense of the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees You agree that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 10.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee you shall immediately notify the Board HR of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board Company may reasonably require. The Employee shall You shall, if required by the Boardrequired, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board Company may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee you by the Company in respect of the period of Incapacity. 15.4 10.4 The rights of the Company to terminate the Appointment your Employment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee you to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Contract (Inspired Entertainment, Inc.)

Incapacity. 15.1 11.1. If the Employee is absent from work due to Incapacity, the Employee shall notify the Board of the reason for the absence as soon as possible but no later than 10am on the first day of absence. 11.2. The Employee shall certify his absence in accordance with the Company sickness policy from time to time. 11.3. Subject to the Employee's ’s compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time), he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force the Company sickness policy, which may be amended from time to time. The Employee’s qualifying days for SSP purposes are Monday to Friday. 11.4. Pension contributions will continue as normal while the Employee is paid at the time of absencefull rate in accordance with Clause 11.3. 15.2 11.5. The Employee agrees to consent to medical examinations (at the Company's ’s expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 11.6. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 11.7. The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Contract (Pacific Green Technologies Inc.)

Incapacity. 15.1 Subject to 12.1. If the Employee's compliance with Executive shall be prevented by ill health, accident or other incapacity from properly performing his/her duties hereunder he/she shall notify the Company's sickness ’s HR Department as early as possible and in any event by 9.00am UK time on the first working day of absence procedures (as amended from time and shall furnish the HR Department with evidence satisfactory to time)it of such incapacity. If requested, he shall continue to receive his full salary and contractual benefits during such evidence will be in the form of a doctor’s certificate covering any period of absence due in excess of 7 days. The Executive shall agree, if requested to Incapacity a medical examination to be undertaken by the Company’s medical advisor and paid for up by the Company. Subject thereto the Company shall pay to an aggregate the Executive his/her full salary hereunder (“Company Sick Pay”) in respect of 2 weeks the first thirty working days of his/her incapacity in any 52 week period. Such payment rolling period of 12 months, provided that whilst the Executive is entitled to be paid his/her full salary there shall be inclusive deducted there from any amounts receivable by the Executive under the provisions of the relevant social security legislation in force from time to time or by virtue of any sickness and/or accident benefit and/or medical health scheme operated or funded for the Executive’s benefit by or on behalf of the Company except insofar as any such amounts represent reimbursement of medical or nursing fees or expenses incurred by the Executive and the amount of any social security or sickness benefits to which the Executive may be entitled and the Executive shall make due claims for all amounts to which he/she is or may be entitled under the provisions of any of the said legislation, enactments or insurance schemes. Any Company Sick Pay thereafter shall be at the absolute discretion of the Company. Company Sick Pay includes any statutory sick pay due in accordance with applicable legislation in force at to which the time Executive may be entitled under the then prevailing rules of absencethe statutory sick pay scheme. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require12.2. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to Executive’s absence should be occasioned by the actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, then the Employee shall immediately Executive shall: (a) notify the Board Company immediately of that fact all the relevant circumstances and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that it; (b) give to the Board Company such information concerning the above matters as the Company may reasonably require. The Employee shall ; and (c) if required by the BoardCompany so requires, refund to the Company that part of any damages or compensation recovered amount received by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less him/her from any costs borne by him in connection with the recovery of such damages or compensation, third party provided that the refund shall be no more than the amount to be refunded shall not exceed the total amount paid to the Employee by the Company which he/she has recovered in respect of the period of Incapacityremuneration. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Executive Service Agreement (Biotie Therapies Corp.)

Incapacity. 15.1 Subject 9.1 If the Appointee will be prevented by Incapacity from properly performing his duties hereunder he will report this fact forthwith to the Employee's compliance with Chief Operating Officer and if the Company's sickness absence procedures (as amended from time Appointee is so prevented for seven or more consecutive days he will provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. Immediately following his return to time), he shall continue to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity the Appointee will complete a Self-Certification Form available from the Chief Operating Officer detailing the reason for his absence. 9.2 If the Appointee will be absent from his duties hereunder due to Incapacity duly certified in accordance with sub-clause 9.1, he will be paid his full remuneration hereunder (which will include salary whether in lieu of notice or otherwise) for up to an aggregate of 2 weeks sixty (60) working days’ absence in any 52 week period. Such payment shall period of twelve (12) consecutive months and thereafter such remuneration, if any, as the Board will determine from time to time provided that such remuneration will be inclusive of any statutory sick pay due in accordance with applicable legislation in force at social welfare sickness benefit to which the time Appointee is entitled under the provisions of absencethe Social Welfare Acts and any such sickness or other benefits recoverable by the Appointee (whether or not recovered) may be deducted therefrom. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 9.3 If the Incapacity is will be or appears appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, recoverable the Employee shall Appointee will immediately notify the Board of that the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and will give to the Board all relevant particulars that the Board may reasonably require. The Employee shall require and will (if so required by the Board, ) refund to the Company that such part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine determine, provided that: (a) the amount to be refunded will not exceed either the amount of the damages or compensation recovered by the Appointee less any costs borne by him in connection with the such recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount remuneration paid to the Employee Appointee by the Company way of salary in respect of the period of the Incapacity; (b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration will be deemed to be made after recovery in respect of any other head of claim. 15.4 The rights 9.4 At any time during the continuance of this Agreement, the Appointee will at the request and expense of the Company permit himself to terminate be examined by a registered medical practitioner to be selected by the Appointment under Company and will authorise such medical practitioner to disclose to and discuss with the terms Company’s medical adviser the results of this Agreement apply even when such termination would examination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or might cause prevent the Employee Appointee (if during a period of Incapacity) from returning to forfeit work for any entitlement to sick pay, permanent health insurance period or (in other benefitscircumstances) from properly performing any duties of his appointment at any time.

Appears in 1 contract

Samples: Service Agreement (FleetMatics Group PLC)

Incapacity. 15.1 14.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the Employee’s supervisor of the reason for the absence as soon as possible but no later than 10 a.m. on the first day of absence. 14.2 The Employee shall certify the Employee’s absence in accordance with the Employer sickness policy in effect from time to time. 14.3 The Employee’s qualifying days for SSP purposes are Monday to Friday. Subject to the Employee's ’s compliance with this Agreement and subject to Clause 14.4, the Company's sickness absence procedures (as amended from time to time), he Employee shall continue be entitled to receive his full salary contractual sick pay. Contractual sick pay is inclusive of any SSP that may be due for the same period and contractual benefits during any period of absence due to Incapacity is paid for up to an aggregate of 2 weeks eighteen (18) weeks’ at full pay in any 52 week twelve 12 month period. Such payment shall be inclusive of any statutory . 14.4 If the Employee has been on long term sick leave continuously for more than a year, the Employee will not qualify for sick pay due in accordance with applicable legislation in force at again until the time Employee has returned to work for a total of absence26 weeks. 15.2 14.5 The Employee agrees to consent to medical examinations (at the Company's Employer’s expense) by a doctor nominated by the Company Employer should the Company Employer so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 14.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board Employer of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board Employer may reasonably require. The Employee shall if required by the BoardEmployer, co-operate in any related legal proceedings and refund to the Company Employer that part of any damages or compensation recovered by him the Employee relating to the loss of earnings for the period of the Incapacity as the Board Employer may reasonably determine less any costs borne by him the Employee in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company Employer in respect of the period of Incapacity. 15.4 14.7 The rights of the Company Employer to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Contract (Ezcorp Inc)

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Incapacity. 15.1 Subject 9.1 If the Appointee will be prevented by Incapacity from properly performing his duties hereunder he will report this fact forthwith to the Employee's compliance with Chief Executive Officer and if the Company's sickness absence procedures (as amended from time Appointee is so prevented for seven or more consecutive days he will provide a medical practitioner’s statement on the eighth day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. Immediately following his return to time), he shall continue to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity the Appointee will complete a Self-Certification Form available from the Chief Executive Officer detailing the reason for his absence. 9.2 If the Appointee will be absent from his duties hereunder due to Incapacity duly certified in accordance with sub-clause 9.1, he will be paid his full remuneration hereunder (which will include salary whether in lieu of notice or otherwise) for up to an aggregate of 2 weeks sixty (60) working days’ absence in any 52 week period. Such payment shall period of twelve (12) consecutive months and thereafter such remuneration, if any, as the Board will determine from time to time provided that such remuneration will be inclusive of any statutory sick pay due in accordance with applicable legislation in force at social welfare sickness benefit to which the time Appointee is entitled under the provisions of absencethe Social Welfare Acts and any such sickness or other benefits recoverable by the Appointee (whether or not recovered) may be deducted therefrom. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 9.3 If the Incapacity is will be or appears appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, recoverable the Employee shall Appointee will immediately notify the Board of that the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and will give to the Board all relevant particulars that the Board may reasonably require. The Employee shall require and will (if so required by the Board, ) refund to the Company that such part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine determine, provided that: (a) the amount to be refunded will not exceed either the amount of the damages or compensation recovered by the Appointee less any costs borne by him in connection with the such recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount remuneration paid to the Employee Appointee by the Company way of salary in respect of the period of the Incapacity; (b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration will be deemed to be made after recovery in respect of any other head of claim. 15.4 The rights 9.4 At any time during the continuance of this Agreement, the Appointee will at the request and expense of the Company permit himself to terminate be examined by a registered medical practitioner to be selected by the Appointment under Company and will authorise such medical practitioner to disclose to and Execution Copy discuss with the terms Company’s medical adviser the results of this Agreement apply even when such termination would examination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or might cause prevent the Employee Appointee (if during a period of Incapacity) from returning to forfeit work for any entitlement to sick pay, permanent health insurance period or (in other benefitscircumstances) from properly performing any duties of his appointment at any time.

Appears in 1 contract

Samples: Service Agreement (FleetMatics Group PLC)

Incapacity. 15.1 12.1 Subject to the Employee's ’s compliance with this Agreement and the Company's ’s sickness absence procedures (as amended from time to time), he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 12 weeks in any 52 52-week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absencelegislation. 15.2 The 12.2 With respect to any medical condition or suspected medical condition that the Board believes has, or will have, an impact on the Employee’s ability to perform his duties hereunder, the Employee agrees to consent to medical examinations (at the Company's ’s expense) by a doctor nominated by the Company should the Company so requireCompany. The Employee agrees that any report produced in connection with any such examination may be disclosed to relevant personnel within the Company who shall treat it as extremely confidential and not discuss it with anyone outside the Company save that the Company may discuss the contents of the report with the relevant doctordoctor and any relevant legal advisor. 15.3 12.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 12.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Agreement (Ensco PLC)

Incapacity. 15.1 Subject 10.1 If the Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the Employee's compliance with Board and if the Company's sickness absence procedures (as amended from time to time), Appointee is so prevented for three or more consecutive days he shall continue provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. 10.2 If the Appointee shall be absent from his duties hereunder due to receive his full salary and contractual benefits during Incapacity or sickness duly certified in accordance with sub-Clause 10.1 for a continuous period of up to six months in any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week periodtwelve (12) consecutive months he shall be paid all remuneration. Such payment remuneration shall be inclusive of any statutory sick pay social welfare sickness benefit to which the Appointee is entitled by law and any such sickness or other benefits including, without limitation, permanent health insurance benefits, recoverable by the Appointee. 10.3 If the Appointee shall be absent from his duties hereunder due to Incapacity or sickness duly certified in accordance with applicable legislation sub-Clause 10.1 for a period in force at excess of a continuous period of six months then the time terms of absence. 15.2 The Employee agrees the Long Term Illness Insurance to consent to medical examinations (at the Company's expense) by a doctor nominated be established by the Company should the Company so require. The Employee agrees that any report produced or GCAL shall apply as set out in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctorsub Clause 7.12. 15.3 10.4 If the Incapacity is or appears sickness shall be or appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, recoverable the Employee Appointee shall immediately notify the Board of that the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the Board all relevant particulars that the Board may reasonably require. The Employee require and shall (if so required by the Board, ) refund to the Company that such part of any damages or compensation recovered by him relating to the loss of earnings for the period of the absence by reason of Incapacity or sickness as the Board may reasonably determine determine, provided that: (a) the amount to be refunded shall not exceed either the amount of the damages or compensation recovered by the Appointee less any costs borne by him in connection with the such recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount remuneration paid to the Employee Appointee by the Company way of salary in respect of the period of the Incapacity; (b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall be deemed to be made after recovery in respect of any other head of claim. 15.4 The rights 10.5 At any time during the Term, the Appointee shall at the request and expense of the Company permit himself to terminate be examined by a registered medical practitioner to be selected by the Appointment under Company and shall authorise such medical practitioner to disclose to and discuss with the terms Company’s medical adviser the results of this Agreement apply even when such termination would examination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or might cause prevent the Employee Appointee (if during a period of Incapacity or sickness) from returning to forfeit work for any entitlement to sick pay, permanent health insurance period or (in other benefitscircumstances) from properly performing any duties of his appointment at any time.

Appears in 1 contract

Samples: Service Agreement (GC Aesthetics PLC)

Incapacity. 15.1 Subject 10.1 If the Appointee shall be prevented by Incapacity or sickness from properly performing his duties hereunder he shall report this fact forthwith to the Employee's compliance CEO and if the Appointee is so prevented for three or more consecutive days he shall provide a medical practitioner’s statement on the third day and weekly thereafter so that the whole period of the Incapacity is certified by such statements. 10.2 The Company does not pay company sick pay and the Appointee has no entitlement to company sick pay. If the Appointee is absent from his duties hereunder due to Incapacity the Appointee may (and where awarded, without prejudice to the right of the Company to terminate the Appointee’s employment in accordance with the Company's sickness absence procedures (provisions of this Agreement) be paid for a particular period of time his full remuneration, or part thereof, hereunder, as amended the Company shall determine in its entire discretion from time to time). Any payments the Appointee would be entitled to from social security or other insurances (e.g. sickness benefits, he shall continue daily allowances) have to receive be set off against any payments of remuneration under this clause 10.2. 10.3 If the Appointee suffers an Incapacity preventing him from discharging in full his full salary and contractual benefits during any period duties hereunder for a total of absence due to Incapacity for up to an aggregate of 2 weeks thirty (30) or more working days in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and twelve consecutive calendar months, the Company may discuss by notice in writing to the contents Appointee given at any time so long as the Incapacity shall continue: (a) discontinue any payment, if any, in whole or part of his remuneration on and from such date as may be specified in the report with notice until the relevant doctorIncapacity shall cease; or (b) whether or not payment shall have already been discontinued as aforesaid, terminate this employment forthwith or on such date as may be specified in the notice. 15.3 10.4 If the Incapacity is or appears sickness shall be or appear to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part negligence of a third party in respect of which damages are or may be recoverable, the Employee Appointee shall immediately notify the Board CEO and the CFO of that the fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and shall give to the CEO all relevant particulars that the Board CEO may reasonably require. The Employee require and shall (if so required by the Board, CEO) refund to the Company that such part of any damages or compensation recovered by him relating to the loss of earnings for the period of the absence by reason of Incapacity or sickness as the Board CEO may reasonably determine determine, provided that: (a) the amount to be refunded shall not exceed either the amount of the damages or compensation recovered by the Appointee less any costs borne by him in connection with the such recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount remuneration paid to the Employee Appointee by the Company way of salary in respect of the period of the Incapacity; (b) in the event of partial recovery by the Appointee under any such claim, compensation, settlement or judgment, recovery in respect of loss of remuneration shall be deemed to be made after recovery in respect of any other head of claim. 15.4 The rights 10.5 At any time during the Term, the Appointee shall at the request and expense of the Company permit himself to terminate be examined by a registered medical practitioner to be selected by the Appointment under Company and shall authorise such medical practitioner to disclose to and discuss with the terms Company’s medical adviser the results of this Agreement apply even when such termination would examination and any matters which arise from it in order that the Company’s medical adviser may notify the Company of any matters which, in the medical adviser’s opinion, might hinder or might cause prevent the Employee Appointee (if during a period of Incapacity or sickness) from returning to forfeit work for any entitlement to sick pay, permanent health insurance period or (in other benefitscircumstances) from properly performing any duties of his appointment at any time.

Appears in 1 contract

Samples: Service Agreement (GC Aesthetics PLC)

Incapacity. 15.1 11.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the Board of the reason for the absence as soon as possible but no later than 10am on the first day of absence. 11.2 The Employee shall certify his absence in accordance with the Company sickness policy from time to time. 11.3 Subject to the Employee's ’s compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time), he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force the Company sickness policy, which may be amended from time to time. The Employee’s qualifying days for SSP purposes are Monday to Friday. 11.4 Pension contributions will continue as normal while the Employee is paid at the time of absencefull rate in accordance with Clause 11.3. 15.2 11.5 The Employee agrees to consent to medical examinations (at the Company's ’s expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 11.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 11.7 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Employment Contract (Pacific Green Technologies Inc.)

Incapacity. 15.1 13.1 If the Appointee is absent from work due to sickness or ill health, he must inform the Company as soon as possible and complete a Company self-certification form for all absences from work up to seven calendar days. For absences over seven days one or more medical certificates must be obtained from the doctor to cover the duration of the absence and sent to the Company. 13.2 Subject to the Employee's compliance with Company’s right to terminate this Agreement, the Company's sickness absence procedures (as amended from time to time), he Company shall continue to receive his pay the Appointee full salary and contractual benefits during for a maximum of 26 weeks (whether or not consecutive) of incapacity in any period of absence due 12 months subject to Incapacity for up to an aggregate of 2 weeks his complying with the sickness reporting and evidencing obligations detailed in any 52 week periodthis clause. Such payment shall be inclusive The Company may deduct from the Appointee’s salary the amount of any state sickness benefit he is entitled to claim. 13.3 Any remuneration paid to the Appointee under clause 13.2 will be deemed to include statutory sick pay due in accordance with applicable legislation in force at under the time of absenceSocial Security Contributions Benefits Xxx 0000. For statutory sick pay purposes, the Appointee’s qualifying days shall be Monday to Friday inclusive. 15.2 13.4 The Employee Appointee agrees to consent have a medical examination and tests, at any time if requested to medical examinations (at do so by the Company's expense) Board and by a doctor nominated of the Board’s choice in which case the charges will be met by the Company should on the basis that it is for the purpose of his ongoing employment only. The Appointee will authorise the doctor(s) responsible for such medical examination to disclose and discuss with the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed and/or its medical advisers the results subject to the Company provisions of the Access to Medical Reports Act 1988 (if applicable). He will also authorise his own doctor to disclose and discuss with the Company may discuss the contents and/or its medical advisers any information about his health or medical record having an actual or potential bearing upon his ability to perform his duties under this Agreement. 13.5 If any illness or incapacity resulting in absence of the report with the relevant doctor. 15.3 If the Incapacity is Appointee shall be or appears appear to be occasioned caused by actionable negligencethe act, nuisance omission or breach default of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, recoverable then the Employee Appointee shall immediately notify the Board of that fact and Company of any claim, compromise, claim settlement or judgment made or awarded in connection with it and all relevant shall give full particulars that of it to the Board may reasonably require. The Employee Company and shall if required by the Board, Company so requires refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity such sum as the Board Company may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded it shall not exceed the total amount of such award and sums paid to the Employee him by the Company in respect of during the period of Incapacityabsence. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.

Appears in 1 contract

Samples: Service Agreement (WPP Group PLC)

Incapacity. 15.1 12.1 If the Executive shall be prevented by illness accident or other incapacity from properly performing his duties hereunder he shall report this fact forthwith to the Board and if the Executive is so prevented for seven or more consecutive days he shall provide a medical practitioner's statement on the eighth day and weekly thereafter. Immediately following his return to work after a period of absence the Executive shall complete a self-certification form available from the Company Secretary. 12.2 Subject to clause 12.3 if the Employee's compliance Executive shall be absent from his duties hereunder due to illness accident or other incapacity duly certified in accordance with the Company's sickness absence procedures (as amended from time to time), provisions of subclause 12.1 hereof he shall continue to receive be paid his full salary and contractual all benefits during hereunder for up to 60 days' absence in any period of absence due 6 months and thereafter such remuneration if any as the Board shall unanimously in its discretion from time to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment time allow provided that there shall be inclusive of deducted from or set off against such remuneration any statutory sick pay due in accordance with applicable legislation in force at to which the time Executive is entitled under the provisions of absence. 15.2 The Employee agrees the Xxxxxxxxx Xxxx Xxx Xxx 0000 or any sums payable under the Social Security (Incapacity for Work) Xxx 0000 or other benefits recoverable by the Executive whether pursuant to consent to medical examinations (at the Company's expense) by a doctor nominated an insurance policy maintained by the Company should or otherwise and whether or not recovered. 12.3 All sums paid pursuant to this clause 12 shall be deemed to include statutory sick pay and the Executive shall keep the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents informed of the report with the relevant doctoramount of any benefits to which he is entitled (whether or not received) and a deduction equal to such amounts shall be made from any sums payable under clause 12.1. 15.3 12.4 If the Incapacity is absence shall be or appears appear to be occasioned by actionable negligenceany act, nuisance omission, default or breach of any statutory duty on the part neglect of a third party in respect of which damages are or may be recoverable, recoverable the Employee Executive shall immediately notify the Board of that fact and of any claim, compromise, claim compromise settlement or judgment judgement made or awarded in connection with it and shall give to the Board all relevant particulars that the Board may reasonably require. The Employee require and shall if required by the Board, Board refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the amount of damages or compensation recovered by him less any costs borne by the Executive in connection with the recovery of such damages or compensation and shall not exceed the total amount remuneration paid to the Employee him by the Company way of salary in respect of the period of Incapacityabsence. 15.4 12.5 The rights of Executive shall, if the Company so requires, submit to terminate an examination by a medical practitioner nominated by the Appointment under Company and in the terms event of this Agreement apply even when such termination would or might cause a conflict of medical opinions the Employee Company may refer the matter to forfeit any entitlement to an independent specialist acting as an expert whose opinion shall be final and binding. 12.6 For statutory sick pay, permanent health insurance or other benefitspay purposes the Executive's qualifying days shall be his normal working days.

Appears in 1 contract

Samples: Service Agreement (Ebookers PLC)

Incapacity. 15.1 13.1 Subject to the Employee's compliance his complying with the Company's sickness procedures relating to the notification and certification of periods of absence procedures (as amended from time to time)work, he the Executive shall continue to receive be paid his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be (inclusive of any statutory sick pay or social security benefits to which he may be entitled) during any period of absence from work due to sickness, injury or other incapacity up to a maximum of 26 weeks in accordance with applicable legislation aggregate in force at the time any period of absence52 consecutive weeks. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that 13.2 If any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents incapacity of the report with the relevant doctor. 15.3 If the Incapacity is Executive shall be caused by an alleged action or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part wrong of a third party and the Executive shall decide to claim damages in respect thereof and shall recover damages for loss of earnings over the period for which salary has been or will be paid to him by the Company under Clause 13.1, he shall account to the Company for any such damages for loss of earnings recovered (in an amount not exceeding the actual salary paid or payable to him by the Company under Clause 13.1 in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine said period) less any costs borne by him in connection with achieving such recovery. The Executive shall keep the recovery Company commencement, progress and outcome of any such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee claim. If required by the Company in respect (and on receipt of an indemnity from the Company for all the costs thereby incurred) the Executive shall use reasonable endeavours to recover such damages. 13.3 The Company may require the Executive to undergo at its expense an annual medical examination, whether or not he is then incapacitated, by a doctor nominated by the Company. The results of such examinations shall be provided first to the Executive by such doctor and will only be provided to the Company by prior written authorisation by the Executive, which shall not be unreasonably withheld. 13.4 For the purposes of the period Data Protection Axx 0000 ("the DPA"), in the event that the Executive or a medical practitioner provides information to the Company concerning the Executive's health, he hereby expressly consents to the Company retaining such information on his personnel file for so long as is reasonably necessary for the purposes of Incapacity. 15.4 ensuring that it complies in full with its obligations under health and safety legislation and of effectively managing the aspects of its business in which the Executive is involved. The rights of Executive undertakes to sign any additional consents that may be required for the Company to terminate the Appointment under the terms of this Agreement apply even when process such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsinformation for such purposes.

Appears in 1 contract

Samples: Service Agreement (Inspired Entertainment, Inc.)

Incapacity. 15.1 11.1 If the Executive is absent from his duties as a result of illness or injury he will notify the Company President as soon as possible and complete any self‑certification forms which are required by the Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence. 11.2 Subject to the Employee's compliance rest of clause 11 and to 17.1.7 and subject to the receipt of the appropriate certificates in accordance with clause 11.1, if the Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his basic salary at the full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 26 weeks in any period of 12 months (whether the absence is intermittent or continuous). Thereafter during sickness absence the Executive will not be entitled to any further salary or benefits (other than any medical expenses or permanent health insurance provided by the Company's sickness absence procedures ) including without limitation provision of a car until he has returned to work and completed three months’ continuous service with no absences from work other than agreed holidays. 11.3 If the Executive is absent from work because of any injury or condition (as amended physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than the Company or any Group Company) and recovers damages or compensation from time such party, the Executive will repay immediately to time), he shall continue the Company a sum equivalent to receive his full salary and contractual benefits during the amount (if any) of any such damages or compensation which relates to any period of absence due during which the Executive received salary from the Company pursuant to Incapacity clause 11.2. 11.4 If the Executive has been absent from work because of any injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for up whom the Company or any Group Company is vicariously liable and for which the Executive may be or become entitled to an aggregate recover damages or compensation, any such damages or compensation payable will be reduced by the amount of 2 weeks any salary (including Statutory Sick Pay) paid to him and by the pension received or receivable by him in the period in respect of which such damages or compensation are calculated. 11.5 The Executive’s basic salary paid under clause 11.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered). 11.6 The provisions of this clause and any right or prospective right the Executive has or may have to receive any benefits under the Company’s permanent health insurance scheme referred to in clause 9.2.2 will not prejudice or limit in any 52 week periodway the Company’s right to terminate this Agreement pursuant to its terms. Such payment shall be In particular but without limitation the Company may terminate the Executive’s employment pursuant to clauses 3.2 or 3.3 for any reason and to clause 17.1 on the grounds set out in that clause even if such termination would prejudice or limit the Executive’s rights or prospective rights under the Company’s permanent health insurance scheme. The Company may terminate this Agreement pursuant to clause 17.1.1 to 17.1.8 inclusive of any statutory sick pay due in accordance with applicable legislation in force even if at the time of absencesuch termination Company sick pay payable pursuant to clause 11.2 has not been exhausted. 15.2 The Employee agrees to consent to medical examinations (11.7 Whether or not the Executive is absent by reason of sickness, injury or other incapacity the Executive will at the Company's expense) request of the Company agree to have a medical examination performed by a doctor nominated appointed and paid for by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 The rights of Executive hereby authorises the Company to terminate have unconditional access to any report or reports (including copies) produced as a result of any such examination as the Appointment under Company may from time to time require and entitlements to salary pursuant to clause 11.2 will be conditional on the Executive complying with the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsclause 11.7.

Appears in 1 contract

Samples: Service Agreement (Gap Inc)

Incapacity. 15.1 11.1 If the Employee is absent from work for any reason, the Employee must contact the Employee’s manager and HR to explain the reason for absence as soon as possible but no later than 8.00 am on the first day of absence. 11.2 Following absences of 3 or more consecutive days, the Employee agrees to comply with the Employee’s duties under the Company’s Sickness Absence Policy as amended from time to time. 11.3 Subject to the Employee's ’s compliance with the Company's ’s sickness absence procedures (as amended from time to time), he if absent from work the Company shall continue pay Statutory Sick Pay (“SSP”) provided that the Employee satisfies the relevant eligibility requirements. The Employee’s qualifying days for SSP purposes are Monday to receive his full salary Friday. As set out in the Staff Handbook, in certain circumstances and contractual benefits during any period at the discretion of absence due to Incapacity for up to an aggregate the Company, Occupational Sick Pay may be paid in lieu of 2 weeks in any 52 week periodSSP. Such payment For the avoidance of doubt, these payments shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absenceSSP due. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 11.4 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board HR of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board Company may reasonably require. The Employee shall if required by the Board, Company refund to the Company that part of any damages or compensation recovered by him the Employee relating to the loss of earnings for the period of the Incapacity as the Board Company may reasonably determine less any costs borne by him the Employee in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 11.5 The rights of the Company to may terminate the Appointment by giving the notice specified in clause 2.1 or under clause 15 even when, as a result of such Termination, the terms of this Agreement apply even when such termination Employee would or might cause the Employee to forfeit any entitlement to benefit from sick pay, permanent health insurance or other benefitspay under this clause 11.

Appears in 1 contract

Samples: Employment Agreement (WisdomTree Investments, Inc.)

Incapacity. 15.1 (a) If Executive is absent from his duties as a result of illness or injury he will notify Ceridian as soon as possible and complete any self-certification forms which are required by Ceridian. If the incapacity continues for a period of seven days or more he will produce to the Ceridian a medical certificate to cover the duration of such absence. (b) Subject to the Employee's compliance rest of this Section 4.07 and subject to the receipt of the appropriate certificates in accordance with Section 4.07(a) above, if Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his Base Salary at the Company's full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 26 weeks in any period of 12 months (whether the absence is intermittent or continuous). Thereafter Executive will be entitled to payment of 60% of his Base Salary during sickness absence procedures for an indefinite period. In addition, Ceridian shall pay to Executive any amount equal to (1) the amount Executive would have received in annual incentive plan bonus for the year in which the incapacity occurred had "target" goals been achieved, multiplied by (2) a fraction, the numerator of which shall be the number of whole months prior to Executive's incapacity and the denominator of which is 12. This amount shall be paid within 15 days after the date such bonus would have been paid to Executive prior to the occurrence of his incapacity. (c) Executive's basic salary paid under Section 4.07(b) above will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered). (d) The provisions of this Section 4.07 and any right or prospective right the Executive has or may have to receive any benefits under Ceridian's permanent health insurance scheme will not prejudice or limit in any way Ceridian's right to terminate this Agreement pursuant to its terms. (e) Whether or not Executive is absent by reason of sickness, injury or other incapacity Executive will at the request of the CEO agree to have a medical examination performed by a doctor appointed and paid for by Ceridian and Executive hereby authorises the CEO to have unconditional access to any report or reports (including copies) produced relating to the incapacity as amended a result of any such examination as the CEO may from time to time), he shall continue time require and entitlements to receive his full salary and contractual benefits during any period of absence due payments pursuant to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall Section 4.07(b) will be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty conditional on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection Executive complying with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 The rights of the Company to terminate the Appointment under the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsSection 4.07(e).

Appears in 1 contract

Samples: Executive Employment Agreement (Ceridian Corp /De/)

Incapacity. 15.1 Subject 16.1 If the Executive is absent from work due to Incapacity, the EmployeeExecutive shall notify the Company of the reason for the absence as soon as possible on the first day of absence. 16.2 Immediately following the Executive's compliance with the Company's sickness absence procedures (as amended from time return to time), he shall continue to receive his full salary and contractual benefits during any work after a period of absence due to Incapacity for of seven days or less the Executive must complete a self-certification form. For periods of absence of more than seven consecutive days the Executive must produce a doctor's fit note verifying that the absence is due to Incapacity. 16.3 Subject to complying with the Company’s absence requirements above and to the remaining provisions of this Clause 16, the Executive shall be entitled to receive full Basic Salary and contractual benefits during any periods of absence due to Incapacity up to an aggregate a maximum of 2 12 weeks in aggregate in any 52 rolling 52-week period. Such payment Any such payments shall be inclusive of any statutory sick pay. The Executive's qualifying days for statutory sick pay due in accordance with applicable legislation in force at the time of absencepurposes are Monday to Friday. 15.2 16.4 The Employee Executive agrees to consent to medical examinations (at the Company's expense) by a doctor or clinic nominated by the Company should the Company so require. The Employee Executive agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor. 15.3 16.5 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee Executive shall immediately notify the Board Company of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and provide all relevant particulars that the Board Company may reasonably require. The Employee shall Executive shall, if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him the Executive relating to the loss of earnings for the period of the Incapacity as the Board Company may reasonably determine less any costs borne by him the Executive in connection with the recovery of such damages or compensation, provided that the amount to be refunded to the Company shall not exceed the total amount paid to the Employee Executive by the Company in respect of the period of Incapacity. 15.4 16.6 The rights of the Company is entitled to terminate the Appointment Executive's employment under the terms of this Agreement apply even when agreement notwithstanding that any such termination would or might cause the Employee Executive to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits. 16.7 The payment of the Executive's Basic Salary and other contractual benefits during absence due to Incapacity is conditional on: (a) notice not having been served by either party; (b) the Executive not being the subject of a disciplinary investigation which could result in the Executive's dismissal for gross misconduct; and (c) the Executive not being under a performance improvement plan.

Appears in 1 contract

Samples: Service Agreement (Akanda Corp.)

Incapacity. 15.1 10.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the Chairman of the Board of the reason for the absence as soon as possible but no later than 9am on the first day of absence. 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager. 10.3 Subject to the Employee's compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time)) and subject to clause 10.4, he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Company sickness policy, which may be amended from time of absenceto time, and which is available from the Group HR Manager. 15.2 10.4 If the Employee has been on long term sick leave continuously for more than a year, he will not qualify for sick pay again until he has returned to work for a total of 4 weeks. 10.5 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company or any Group Company and the Company and such Group Company may discuss the contents of the report with the relevant doctor. 15.3 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 10.7 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 1 contract

Samples: Employment Agreement (Volitionrx LTD)

Incapacity. 15.1 Subject to 12.1 The Company may request that the Employee's compliance with Executive attends a medical examination by occupational health and/or an independent medical examination, the cost of which will be borne by the Company's sickness absence procedures (as amended from time to time), he shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the time of absence. 15.2 The Employee agrees to consent to medical examinations (at the Company's expense) by a doctor nominated by the Company should the Company so require. The Employee agrees Executive acknowledges that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss need the contents Executive to attend that examination, and to see the results of that examination and information from other medical professionals who may be treating the report with Executive, in order to make decisions about the Executive's employment, including any reasonable adjustments (and that if relevant doctorinformation is withheld the Company may make decisions in the absence of such information). 15.3 12.2 If the Incapacity Executive is or appears absent from and unable to be occasioned by actionable negligence, nuisance or breach perform the Executive's duties as a result of any statutory duty on the part of incapacity for a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of seven days or more the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount Executive will produce medical certificates to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the absence and shall keep the Company informed of the progress of and material developments in relation to such incapacity. 12.3 Subject to clauses 12.4 and 12.5, if the Executive shall be absent from and unable properly to perform the Executive's duties owing to incapacity, the Executive shall be entitled to full salary and benefits excluding any bonus or commission for a maximum of 30 days' absence in any period of Incapacity12 consecutive months. Continuation (if any) of salary and/or benefits in respect of any further period of absence shall be at the discretion of the Company. Any sums paid under this clause shall be deemed to be inclusive of statutory sick pay. For statutory sick pay purposes, the qualifying days will be Monday to Friday (inclusive). 15.4 12.4 The rights Company at all times reserves the right to withhold, discontinue or request repayment of any contractual sick pay if: 12.4.1 it is satisfied that there has been any abuse of the sick pay arrangements or misrepresentation of the reasons for the Executive's absence; 12.4.2 an injury from an accident at work was caused by the Executive's misconduct at work; 12.4.3 in the opinion of a doctor nominated by the Company, the Executive is well enough to work; or 12.4.4 the Executive acts in a manner likely to delay recovery. 12.5 The Executive's entitlement under clause 12.3 shall cease if the Executive becomes eligible to receive benefits under any permanent health insurance scheme or any other such scheme in respect of which the Company or any Associated Company pays or has paid premiums on behalf of the Executive, in which case the Company shall have no further obligation to the Executive under this clause. 12.6 If the Executive is absent due to illness for more than 3 monthss, the Company shall be entitled at any time thereafter to appoint a further executive director or employee to perform the Executive's duties and to exercise the Executive's powers. 12.7 The Executive shall promptly inform the Company if the Executive's inability to perform the Executive's duties results from incapacity caused by a third party and for which compensation is or may be recoverable by or on behalf of the Executive. In that event, any payments made under this clause in excess of statutory sick pay shall be treated as being made to the Executive by way of loan and shall be recoverable by the Company. The Executive shall keep ACTIVE/126725160.2 the Company regularly informed of the progress of any action against such third party, provide such information as the Company may from time to time reasonably require and shall immediately notify the Company in writing of any compromise, settlement, award or judgment in connection with the claim. At the Company's request, the Executive shall refund to the Company the lesser of the amount recovered by the Executive and the aggregate cost of payments and benefits in excess of statutory sick pay provided under this clause in respect of such period of absence. Any such payment under this clause shall be subject to the maximum aggregate sum permitted to be lent by the Company to terminate the Appointment Executive without shareholder approval under the terms of this Agreement apply even when such termination would or might cause restrictions contained in the Employee Companies Act 2006 relating to forfeit any entitlement loans made to sick pay, permanent health insurance or other benefitsdirectors.

Appears in 1 contract

Samples: Service Agreement (Barinthus Biotherapeutics Plc.)

Incapacity. 15.1 10.1 If the Employee is absent from work due to Incapacity, the Employee shall notify the CEO the reason for the absence as soon as possible but no later than the morning on the first day of absence. 10.2 The Employee shall certify his absence in accordance with the Company sickness policy which is available from the Group HR Manager. 10.3 Subject to the Employee's ’s compliance with this agreement and the Company's Company sickness absence procedures policy (as amended from time to time)) and subject to clause 10.4, he the Employee shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable legislation in force at the Company sickness policy, which may be amended from time of absenceto time, and which is available from the Group HR Manager. 15.2 10.4 If the Employee has been on long term sick leave continuously for more than a year he will not qualify for sick pay again until he has returned to work for a total of 4 weeks. 10.5 The Employee agrees to consent to medical examinations (at the Company's ’s expense) by a doctor nominated by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company or any Group Company and the Company and such Group Company may discuss the contents of the report with the relevant doctor. 15.3 10.6 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the BoardCompany, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 10.7 The rights of the Company to terminate the Appointment under the terms of this Agreement agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance pay or other benefits.

Appears in 1 contract

Samples: Employment Agreement (Volitionrx LTD)

Incapacity. 15.1 10.1 If the Executive is absent from his duties as a result of illness or injury he will notify the CEO of the Company as soon as possible and complete any self-certification forms which are required by the Company. If the incapacity continues for a period of seven days or more he will produce to the Company a medical certificate to cover the duration of such absence. 10.2 Subject to the Employee's compliance rest of clause 10 and to clauses 13.1.1 and 13.1.2 and subject to the receipt of the appropriate certificates in accordance with clause 10.1, if the Executive is absent from his duties as a result of illness or injury he will be entitled to payment of his basic salary at the full rate and enjoy his benefits hereunder in respect of such illness or injury for a period (in total) of up to 90 days in any period of 12 months (whether the absence is intermittent or continuous). 10.3 If the Executive is absent from work because of any injury or condition (physical or mental and whether or not sustained in the course of his duties) caused wholly or partly by any act or omission of any third party (other than the Company or any Group Company's sickness absence procedures ) and recovers damages or compensation from such party, the Executive will repay immediately to the Company a sum equivalent to the amount (as amended from time if any) of any such damages or compensation which relates to time), he shall continue to receive his full any lost salary and contractual or benefits during in respect of any period of absence due during which the Executive received salary from the Company pursuant to Incapacity for up to an aggregate of 2 weeks in any 52 week period. Such payment shall be inclusive clause 10.2. 10.4 If the Executive has been absent from work because of any statutory sick pay due injury or condition (physical or mental) caused wholly or partly by the Company or any Group Company or any person for whom the Company or any Group Company is vicariously liable and for which the Executive may be or become entitled to recover damages or compensation, any such damages or compensation payable which relates to lost salary or benefits will be reduced by the amount of any salary (including Statutory Sick Pay) paid to him and by the pension received or receivable by him in accordance with applicable legislation the period in force respect of which such damages or compensation are calculated. 10.5 The Executive’s basic salary paid under clause 10.2 will include any Statutory Sick Pay payable and when this is exhausted will be reduced by the amount of any Social Security Sickness Benefit or other benefits recoverable by the Executive (whether or not recovered). 10.6 Whether or not the Executive is absent by reason of sickness, injury or other incapacity the Executive will at any time at the time request of absence. 15.2 The Employee agrees the CEO of the Company agree to consent to have a medical examinations (at the Company's expense) examination performed by a doctor nominated appointed and paid for by the Company should the Company so require. The Employee agrees that any report produced in connection with any such examination may be disclosed to the Company and the Company may discuss Executive hereby authorises the contents of the report with the relevant doctor. 15.3 If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Board of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board may reasonably require. The Employee shall if required by the Board, refund to the Company that part of any damages or compensation recovered by him relating to the loss of earnings for the period of the Incapacity as the Board may reasonably determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Employee by the Company in respect of the period of Incapacity. 15.4 The rights CEO of the Company to terminate have unconditional access to any report or reports (including copies) produced as a result of any such examination as the Appointment under CEO of the Company may from time to time require and entitlements to salary pursuant to clause 10.2 will be conditional on the Executive complying with the terms of this Agreement apply even when such termination would or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefitsclause 10.7.

Appears in 1 contract

Samples: Service Agreement (Fleetcor Technologies Inc)

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