SICKNESS AND ABSENCE. 18.1 If the Executive is Incapacitated he shall immediately notify a member of the Board or the ListCo Board of the reason for his absence as soon as possible on the first day of absence. 18.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s sickness policy. If the Executive is absent for more than seven working days he shall send a medical practitioner’s certificate to the Company to cover the period of absence. 18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks. 18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings). 18.5 The Executive agrees that at any time during the Employment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to work. 18.6 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 Executive shall immediately notify the Board and/or the ListCo Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacity. 18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 2 contracts
Samples: Service Agreement (Membership Collective Group Inc.), Service Agreement (Membership Collective Group Inc.)
SICKNESS AND ABSENCE. 18.1 11.1 If the Executive is Incapacitated he shall immediately as soon as possible notify a member of the Board or the ListCo Board Company and inform it of the reason for his absence in accordance with such policy as soon as possible on the first day of absencein place from time to time.
18.2 The 11.2 Each time the Executive is absent from work he shall provide self-certification evidence to the Company of his illness or injury the reason for such absence in such form as is reasonably required by the Company and in accordance with such policy as in place from time to time.
11.3 Subject to compliance with the provisions of clauses 11.1 and 11.2 and subject to the Company’s right to terminate the Appointment in accordance with the Company’s sickness policy. If terms of this Agreement for any reason including, without limitation Incapacity if the Executive is absent for more than seven working days at any time Incapacitated, he shall send a medical practitioner’s certificate to the Company to cover the period of absence.be paid sick pay consisting of:
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable 11.3.1 his Salary for up to 28 weeks.6 months’ absence in aggregate in any period of 12 months;
18.4 Any payment over and above SSP made by 11.3.2 thereafter half his Salary for up to an additional 3 months’ absence in aggregate in any period of 12 months;
11.3.3 thereafter such remuneration (if any) as the Company during any such absence (“Company Sick Pay”) will be determined by the Company Board shall in its absolute discretion. The discretion allow.
11.4 Sick pay paid to the Executive under clause 11.3 shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include be inclusive of any SSP statutory sick pay to which the Executive may be entitled under the provisions of the Social Security Contributions and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of Benefits Xxx 0000. For statutory sick pay purposes the Executive’s illness qualifying days shall be his normal working days.
11.5 The Company shall be entitled to deduct from any sick pay paid under clause 11.3 or injury. The Executive is not eligible to any other such remuneration as may be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after to the Executive has given any sickness or received notice injury benefits otherwise paid to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings)Executive.
18.5 11.6 The Executive agrees that at any time during the Employment Appointment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner after having provided the Executive will with a copy of any report or results to disclose to and discuss with the Human Resources Manager in confidence the results of any such medical examination.
11.7 If the Executive shall at any time be asked to agree that Incapacitated during the Appointment for a total of 26 or more weeks in any medical report produced may be disclosed to 12 consecutive calendar months the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue may, provided it has made good faith attempts to procure payment of any Company Sick Pay income protection benefits pursuant to clause 9.3 if applicable, terminate the Appointment on notice.
11.8 If the Executive fails is Incapacitated for a consecutive period of 20 working days the Board may appoint another person or persons to return perform his duties until such time as the Executive is able to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workresume fully the performance of his duties.
18.6 11.9 If the Incapacity Executive is or appears to be occasioned Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Human Resources Manager 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 and/or the ListCo Board may as soon as is reasonably requirepracticable. The Executive shall, if required shall include in any claim for damages against such third party a claim in respect of monies paid by the Board and/or Company under this clause 11 and shall receive the ListCo Board, co-operate in any related legal proceedings and refund sick pay referred to clause 11.3 (other than the statutory sick pay element referred to at clause 11.4) as loans by the Company to the Company Executive (notwithstanding that part as an interim measure income tax has been deducted from such payments as if they were emoluments of any damages or compensation recovered employment). The Executive shall repay the net sum received by the Executive relating (after deduction of tax and costs) in respect of such loans when and to the extent that the Executive recovers compensation for loss of earnings for from the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 2 contracts
Samples: Service Agreement (King Digital Entertainment PLC), Service Agreement (King Digital Entertainment PLC)
SICKNESS AND ABSENCE. 18.1 10.1 If the Executive Manager is Incapacitated prevented by illness, injury, accident or other incapacity or other circumstances beyond his control from properly fulfilling his duties under this Agreement he shall immediately notify a member of the Board or the ListCo Board Company Secretary and inform him of the reason for his absence as soon as possible on the first day of absence.
18.2 The Executive 10.2 Each time the Manager is absent from work he shall provide self-certification evidence to the Company if requested by it of his the reason for such absence. In the case of illness or injury lasting for seven or more consecutive days, the Manager shall provide a doctor’s certificate on the seventh day of illness or injury and weekly thereafter.
10.3 Subject to compliance with the provisions of clauses 10.1 and 10.2 above if the Manager is at any time prevented by illness , accident or other incapacity from properly carrying out his duties under this Agreement he shall be paid in accordance with the Company’s sickness policy. If Company Sickness policy:-
10.4 The Company shall be entitled to deduct from the Executive is absent for more than seven working days he shall send a medical practitioner’s certificate Salary or such remuneration any statutory sick pay to which the Company to cover the period of absence.
18.3 The Executive Manager may be entitled under the provisions of the Social Security and Housing Benefits Act of 1982 and/or any other sickness or injury benefits otherwise recoverable by or payable to SSP if he satisfies the relevant Manager. For statutory requirements. Qualifying sick pay purposes the Manager’s qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may shall be payable for up to 28 weekshis normal working days.
18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. 10.5 The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 The Executive Manager agrees that at any time during the Employment Appointment he will consent, consent if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked expense and shall authorise such medical practitioner to agree that any medical report produced may be disclosed disclose to and discuss with the Company and that Secretary the results of any such medical examination.
10.6 If the Manager shall at any time be incapacitated or prevented by illness or injury or accident or any other circumstances beyond his control (such incapacity or prevention being referred to below as “Incapacity”) from discharging his duties under this Agreement for a total of 26 or more weeks in any 12 consecutive calendar months the Company may discuss by notice in writing to the contents Manager given at any time during the period of Incapacity terminate the report with Appointment immediately without compensation or on such future dates as may be specified in the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to worknotice.
18.6 10.7 If the Incapacity is or appears to be occasioned has been caused by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive Manager shall immediately notify the Board and/or the ListCo Board Company Secretary of that fact and shall receive the payments referred to Clause 9.3 above as loans by the Company to the Manager (notwithstanding that as an interim measure income tax that has been deducted from such payments as if they were emoluments of any claim, settlement or judgment made or awarded in connection with it employment) and all relevant particulars shall repay such loans when and to the extent that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or Manager recovers compensation recovered by the Executive relating to the for loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne from that third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
Samples: Service Agreement (Bottomline Technologies Inc /De/)
SICKNESS AND ABSENCE. 18.1 If the Executive is Incapacitated he shall immediately notify a member of the Board or the ListCo Board of the reason for his absence as soon as possible on the first day of absence.
18.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s sickness policy. If the Executive is absent for more than seven working days he shall send a medical practitioner’s certificate to the Company to cover the period of absence.
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 Any payment over Provided that the Executive complies with clauses 18.1 and above SSP made by 18.2 the Company will pay the Executive his full salary during any such periods of absence due to Incapacity up to a maximum of three months in any twelve month period (whether continuous or intermittent) (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay). Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 The Executive agrees that at any time during the Employment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to work.
18.6 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 Executive shall immediately notify the Board and/or the ListCo Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacity.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
Samples: Service Agreement (Membership Collective Group Inc.)
SICKNESS AND ABSENCE. 18.1 10.1 If the Executive is Incapacitated prevented by illness, injury, accident or other incapacity or other circumstances beyond his control from properly fulfilling his duties under this Agreement he shall immediately notify a member of the Board or the ListCo Board Company Secretary and inform him of the reason for his absence as soon as possible on the first day of absence.
18.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s sickness policy. If 10.2 Each time the Executive is absent for more than seven working days from work he shall send a medical practitioner’s certificate provide evidence to the Company to cover if requested by it of the period reason for such absence. In the case of absenceillness or injury lasting for seven or more consecutive days, the Executive shall provide a doctor’s certificate on the seventh day of illness or injury and weekly thereafter.
18.3 10.3 Subject to compliance with the provisions of clauses 10.1 and 10.2 above if the Executive is at any time prevented by illness, accident or other incapacity from properly carrying his duties under this Agreement he shall be paid:—
10.3.1 his Salary for up to 3 months’ absence in aggregate in any calendar year;
10.3.2 thereafter half his Salary for up to a further 3 months’ absence in aggregate in any calendar year;
10.3.3 thereafter such remuneration as the Board shall in its absolute discretion allow.
10.4 The Executive may Company shall be entitled to SSP if he satisfies deduct from the relevant Salary or such remuneration any statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP sick pay to which the Executive may be entitled under the provisions of the Social Security and will be reduced by the amount of Housing Benefits Act 1982 and/or any social security other sickness or injury benefits otherwise recoverable by or payable to the Executive (whether or not recovered) in respect of Executive. For statutory sick pay purposes the Executive’s illness or injury. The Executive is not eligible to qualifying days shall be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings)his normal working days.
18.5 10.5 The Executive agrees that at any time during the Employment Appointment he will consent, consent if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked expense and shall authorise such medical practitioner to agree that any medical report produced may be disclosed disclose to and discuss with the Company and that Secretary the results of any such medical examination.
10.6 If the Executive shall at any time be incapacitated or prevented by illness or injury or accident or any other circumstances beyond his control (such incapacity or prevention being referred to below as “Incapacity”) from discharging his duties under this Agreement for a total of 26 or more weeks in any 12 consecutive calendar months the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if by notice in writing to the Executive fails to return to work given at any time during the period of Incapacity terminate the Appointment immediately after a GP without compensation or other medical practitioners who has examined him states that he is fit to return to workon such future date as may be specified in the notice.
18.6 10.7 If the Incapacity is or appears to be occasioned has been caused by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Company Secretary of that fact and shall receive the payments referred to Clause 9.3 above as loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from such payments as if they were emoluments of any claim, settlement or judgment made or awarded in connection with it employment) and all relevant particulars shall repay such loans when and to the extent that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or recovers compensation recovered by the Executive relating to the for loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne from that third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
Samples: Service Agreement (Bottomline Technologies Inc /De/)
SICKNESS AND ABSENCE. 18.1 9.1 If the Executive is Incapacitated at any time prevented by illness, accident or other incapacity from properly carrying out his duties under this agreement, he shall immediately notify the Chief Executive Officer. If such incapacity continues for a member period of seven days, he shall be required to provide a medical practitioners' certificate in respect of the Board or cause of incapacity for statutory sick pay purposes and covering the ListCo Board whole period of the reason for his absence as soon as possible on the first day of absence.
18.2 The 9.2 Subject to compliance with the provisions of clause 9.1 above and subject to the Company's right to terminate the Appointment for any reason (subject to the terms of this Agreement) including, without limitation, incapacity, if the Executive is at any time prevented by illness, accident or other incapacity from properly carrying out his duties under this agreement, he shall provide self-certification be paid his Base Salary for a period of his illness or injury up to 13 weeks in any 12 consecutive calendar months (the "Aggregate Period"). Thereafter, any payments shall be at the discretion of the Chief Executive Officer and/or the Board.
9.3 Statutory sick pay ("SSP") will be paid by the Company in accordance with the legislation in force at the time of absence. Any payment of remuneration under sub-clause 9.2 for a day of absence will discharge the Company’s sickness policy. 's obligation to pay SSP for that day.
9.4 If the Executive is absent shall at any time have been incapacitated or prevented by illness or injury or accident or any other circumstances beyond his control (such incapacity or prevention being referred to below as "Incapacity") from discharging his duties during the Appointment for a period or periods exceeding the Aggregate Period total of 13 or more than seven working days he shall send a medical practitioner’s certificate weeks in any 12 consecutive calendar months, the Company may by notice in writing to the Company to cover the period of absence.
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 The Executive agrees that at any time during the Employment he will consent, if required by period of Incapacity terminate the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workAppointment upon six months' written notice.
18.6 9.5 If the Incapacity is or appears to be occasioned has been caused by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, the Executive shall immediately as soon as possible after becoming aware of that fact, notify the Board and/or the ListCo Board Chief Executive Officer of that fact and shall receive the payments referred to in clause 9.2 above as loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from such payments as if they were emoluments of any claim, settlement or judgment made or awarded in connection with it employment) and all relevant particulars shall repay such loans when and to the extent that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or recovers compensation recovered by the Executive relating to the for loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne from that third party by the Executive in connection with the recovery of such damages action or compensationotherwise, provided that no such repayment shall apply to income tax amounts deducted from the amount to be refunded shall not exceed the total amount paid payments made to the Executive for which refunds are not available.
9.6 From the date on which the Executive first receives benefits under a permanent health insurance scheme provided by the Company in respect of related to the period of Incapacity.
18.7 The Company’s rights Executive's inability to terminate perform his duties hereunder, the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any Executive's entitlement to sick pay, permanent health insurance or other benefitsthe Base Salary and all benefits provided under this Agreement will cease.
Appears in 1 contract
Samples: Service Agreement (Futuremedia PLC)
SICKNESS AND ABSENCE. 18.1 11.1 If the Executive is Incapacitated he shall immediately as soon as possible notify a member of the Board or the ListCo Board Company and inform it of the reason for his absence in accordance with such policy as soon as possible on the first day of absencein place from time to time.
18.2 The 11.2 Each time the Executive is absent from work he shall provide self-certification evidence to the Company of his illness or injury the reason for such absence in such form as is reasonably required by the Company and in accordance with such policy as in place from time to time.
11.3 Subject to compliance with the provisions of clauses 11.1 and 11.2 and subject to the Company’s right to terminate the Appointment in accordance with the Company’s sickness policy. If terms of this Agreement for any reason including, without limitation Incapacity if the Executive is absent for more than seven working days at any time Incapacitated, he shall send a medical practitioner’s certificate to the Company to cover the period of absence.be paid sick pay consisting of:
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable 11.3.1 his Salary for up to 28 weeks.6 months’ absence in aggregate in any period of 12 months;
18.4 Any payment over and above SSP made by 11.3.2 thereafter half his Salary for up to an additional 3 months’ absence in aggregate in any period of 12 months;
11.3.3 thereafter such remuneration (if any) as the Company during any such absence (“Company Sick Pay”) will be determined by the Company Board shall in its absolute discretion. The discretion allow.
11.4 Sick pay paid to the Executive under clause 11.3 shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include be inclusive of any SSP statutory sick pay to which the Executive may be entitled under the provisions of the Social Security Contributions and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of Benefits Xxx 0000. For statutory sick pay purposes the Executive’s illness qualifying days shall be his normal working days.
11.5 The Company shall be entitled to deduct from any sick pay paid under clause 11.3 or injury. The Executive is not eligible to any other such remuneration as may be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after to the Executive has given any sickness or received notice injury benefits otherwise paid to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings)Executive.
18.5 11.6 The Executive agrees that at any time during the Employment Appointment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner after having provided the Executive will with a copy of any report or results to disclose to and discuss with the Human Resources Manager in confidence the results of any such medical examination.
11.7 If the Executive shall at any time be asked to agree that Incapacitated during the Appointment for a total of 26 or more weeks in any medical report produced may be disclosed to 12 consecutive calendar months the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue may, provided it has made good faith attempts to procure payment of any Company Sick Pay income protection benefits pursuant to clause 9.3 if applicable, terminate the Appointment on notice.
11.8 If the Executive fails is Incapacitated for a consecutive period of 20 working days the Board may appoint another person or persons to return perform his duties until such time as the Executive is able to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workresume fully the performance of his duties.
18.6 11.9 If the Incapacity Executive is or appears to be occasioned Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Human Resources Manager 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 and/or the ListCo Board may as soon as is reasonably requirepracticable. The Executive shall, if required shall include in any claim for damages against such third party a claim in respect of monies paid by the Board and/or Company under this clause 11 and shall receive the ListCo Board, co-operate in any related legal proceedings and refund sick pay referred to clause 11.2 (other than the statutory sick pay element referred to at clause 11.4) as loans by the Company to the Company Executive (notwithstanding that part as an interim measure income tax has been deducted from such payments as if they were emoluments of any damages or compensation recovered employment). The Executive shall repay the net sum received by the Executive relating (after deduction of tax and costs) in respect of such loans when and to the extent that the Executive recovers compensation for loss of earnings for from the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 13.1 If the Executive is Incapacitated he Incapacitated, he/she shall immediately notify a member of the Board or the ListCo Board UK Human Resources Director and inform him/her of the reason for his his/her absence together with the likely date of return. This should be done by telephone as soon early as possible but no later than one hour prior to the start of the Executive's working day on the first day of absence. Contact by text, email of social media is not acceptable.
18.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s sickness policy. If 13.2 Each time the Executive is absent from work, he/she shall provide evidence to the Company of the reason for such absence. This evidence shall be provided by way of a self-certification form, which shall be completed by the Executive on the first day of his/her resumption of duty. In addition, in the case of illness or injury lasting for more than seven working days he consecutive days, the Executive shall send provide a medical practitioner’s doctor's certificate on the eighth day of illness or injury and weekly thereafter.
13.3 Subject to compliance with the provisions of clauses 13.1 and 13.2 above (and subject to the Company Company's right to cover terminate the period Appointment for any reason, including Incapacity), if the Executive is at any time Incapacitated, other than when the Executive is in receipt of absence.benefits under the PHI Scheme, he/she shall be paid sick pay consisting of:
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable 13.3.1 his/her Salary for up to 28 26 weeks.' absence in aggregate in any period of 12 months; and
18.4 Any payment over and above SSP made by 13.3.2 thereafter such remuneration (if any) as the Company during any such absence (“Company Sick Pay”) will be determined by the Company or Board shall in its absolute discretion. The discretion allow.
13.4 Once sick pay under clause 13.3 has expired, the Executive shall have no contractual right further entitlement to sick pay until he/she has returned to work for a consecutive period of eight weeks. The Company Sick Pay. Company Sick Pay (if paid) will include shall be entitled to deduct from the sick pay or such remuneration as may be paid to the Executive any SSP statutory sick pay to which the Executive may be entitled under the provisions of the Social Security Contributions and will be reduced by the amount of Benefits Xxx 0000 and/or any social security other sickness or injury benefits otherwise recoverable by the Executive (whether or not recovered) in respect of payable to the Executive’s illness or injury. The Executive is not eligible to For statutory sick pay purposes the Executive's qualifying days shall be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings)his/her normal working days.
18.5 13.5 The Executive agrees that at any time during the Employment he Appointment he/she will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner to disclose to and discuss with the Company, the Board, the UK Human Resources Director or the HR Department, the results of any such medical examination.
13.6 If the Executive will shall at any time be asked to agree that Incapacitated during the Appointment for a total of 26 or more weeks in any medical report produced may be disclosed to the Company and that 12 consecutive calendar months the Company may discuss terminate the contents Appointment immediately by notice in writing given to the Executive at any time during the period for which he/she is Incapacitated.
13.7 If the Executive is incapacitated for a consecutive period of 20 or more working days the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment (without prejudice to the provisions of any Company Sick Pay if clause 2.5.2) appoint another person or persons to perform the Executive's duties until such time as the Executive fails is able to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workresume fully the performance of his/her duties.
18.6 13.8 If the Incapacity Executive is or appears to be occasioned Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board UK Human Resources Director 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 and/or the ListCo Board may as soon as is reasonably requirepracticable. The Executive shall, if required shall include in any claim for damages against such third party a claim in respect of monies paid by the Board and/or Company under this clause 13 and shall receive the ListCo Board, co-operate payments referred to in any related legal proceedings and refund clause 13.3 above as loans by the Company to the Company Executive (notwithstanding that part as an interim measure income tax has been deducted from such payments as if they were emoluments of any damages or compensation recovered by employment). The Executive shall repay such loans (net of costs) when and to the extent that the Executive relating to the recovers compensation for loss of earnings for from the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 9.1 If the Executive is Incapacitated at any time prevented by illness, accident or other incapacity from properly carrying out his duties under this agreement, he shall immediately notify the Board of Directors. If such incapacity continues for a member period of seven days, he shall be required to provide a medical practitioners' certificate in respect of the Board or cause of incapacity for statutory sick pay purposes and covering the ListCo Board whole period of the reason for his absence as soon as possible on the first day of absence.
18.2 The 9.2 Subject to compliance with the provisions of clause 9.1 above and subject to the Company's right to terminate the Appointment for any reason (subject to the terms of this Agreement) including, without limitation, incapacity, if the Executive is at any time prevented by illness, accident or other incapacity from properly carrying out his duties under this agreement, he shall provide self-certification be paid his Base Salary for a period of his illness or injury up to 13 weeks in any 12 consecutive calendar months (the "Aggregate Period"). Thereafter, any payments shall be at the discretion of the Board.
9.3 Statutory sick pay ("SSP") will be paid by the Company in accordance with the legislation in force at the time of absence. Any payment of remuneration under sub-clause 9.2 for a day of absence will discharge the Company’s sickness policy. 's obligation to pay SSP for that day.
9.4 If the Executive is absent shall at any time have been incapacitated or prevented by illness or injury or accident or any other circumstances beyond his control (such incapacity or prevention being referred to below as "Incapacity") from discharging his duties during the Appointment for a period or periods exceeding the Aggregate Period total of 13 or more than seven working days he shall send a medical practitioner’s certificate weeks in any 12 consecutive calendar months, the Company may by notice in writing to the Company to cover the period of absence.
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 The Executive agrees that at any time during the Employment he will consent, if required by period of Incapacity terminate the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workAppointment upon six months' written notice.
18.6 9.5 If the Incapacity is or appears to be occasioned has been caused by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, the Executive shall immediately as soon as possible after becoming aware of that fact, notify the Board and/or the ListCo Board of Directors of that fact and shall receive the payments referred to in clause 9.2 above as loans by the Company to the Executive (notwithstanding that as an interim measure income tax has been deducted from such payments as if they were emoluments of any claim, settlement or judgment made or awarded in connection with it employment) and all relevant particulars shall repay such loans when and to the extent that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or recovers compensation recovered by the Executive relating to the for loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne from that third party by the Executive in connection with the recovery of such damages action or compensationotherwise, provided that no such repayment shall apply to income tax amounts deducted from the amount to be refunded shall not exceed the total amount paid payments made to the Executive for which refunds are not available.
9.6 From the date on which the Executive first receives benefits under a permanent health insurance scheme provided by the Company in respect of related to the period of Incapacity.
18.7 The Company’s rights Executive's inability to terminate perform his duties hereunder, the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any Executive's entitlement to sick pay, permanent health insurance or other benefitsthe Base Salary and all benefits provided under this Agreement will cease.
Appears in 1 contract
Samples: Service Agreement (Futuremedia PLC)
SICKNESS AND ABSENCE. 18.1 11.1 If the Executive is Incapacitated incapacitated he shall immediately notify a member of the Board or the ListCo Board Human Resources Department and inform them of the reason for his absence as soon as possible on the first day of absence.
18.2 11.2 The Executive shall provide self-certification of his illness or injury in accordance comply with the Company’s sickness policy. If the Executive is absent for more than seven working days he shall send a medical practitioner’s certificate Absence Management policy which also sets out his entitlement to the Company to cover the period of absencereceive sick pay.
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 Any payment over and above SSP made by the Company during any such absence (“Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 11.3 The Executive agrees that at any time during the Employment Appointment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner to disclose to and discuss with the Human Resources Department the results of any such medical examination.
11.4 If the Executive will shall at any time be asked to agree that Incapacitated during the Appointment for a total of 26 or more weeks in any medical report produced may be disclosed to the Company and that 12 consecutive calendar months the Company may discuss terminate the contents Appointment immediately by such notice as is required by section 86 of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if Employment Rights Act 1996 in writing given to the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that at any time during the period for which he is fit to return to workIncapacitated.
18.6 11.5 If the Incapacity Executive is incapacitated for a consecutive period of 20 working days the Board may (without prejudice to the provisions of clause 2.4.2) appoint another person or appears persons to be occasioned perform those duties until such time as the Executive is able to resume fully the performance of his duties.
11.6 If the Executive is Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Human Resources Department 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 and/or the ListCo Board may as soon as is reasonably requirepracticable. The Executive shall, if required shall include in any claim for damages against such third party a claim in respect of monies paid by the Board and/or Company under this clause 11 and shall receive any payments referred to in this clause 11 above as loans by the ListCo Board, co-operate in any related legal proceedings and refund Company to the Company Executive (notwithstanding that part as an interim measure income tax has been deducted from such payments as if they were emoluments of any damages or compensation recovered by employment). The Executive shall repay such loans (net of costs) when and to the extent that the Executive relating to the recovers compensation for loss of earnings for from the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne third party by the Executive in connection with the recovery of such damages action or compensation, provided that the amount to be refunded shall not exceed the total amount paid to the Executive by the Company in respect of the period of Incapacityotherwise.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 17.1 If the Executive is Incapacitated he shall immediately notify a member of the Board or the ListCo Board of the reason for his absence as soon as possible on the first day of absence.
18.2 17.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s 's sickness policy. If the Executive is absent for more than seven working days he shall send a medical practitioner’s 's certificate to the Company to cover the period of absence.
18.3 17.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks. IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" Error! Unknown document property name." "" Error! Unknown document property name.
18.4 Any payment over 17.4 Provided that the Executive complies with clauses 17.1 and above SSP made by 17.2 the Company will pay the Executive his full salary during any such periods of absence due to Incapacity up to a maximum of three months in any twelve month period (“whether continuous or intermittent) ("Company Sick Pay”) will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay"). Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s 's illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 17.5 The Executive agrees that at any time during the Employment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s 's advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to work.
18.6 17.6 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 Executive shall immediately notify the Board and/or the ListCo Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacity.
18.7 17.7 The Company’s 's rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 17.1 If the Executive is Incapacitated he shall immediately notify a member of the Board or the ListCo Board of the reason for his absence as soon as possible on the first day of absence.
18.2 17.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s 's sickness policy. If the Executive is absent for more than seven working days he shall send a medical practitioner’s 's certificate to the Company to cover the period of absence.
18.3 17.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
18.4 17.4 Any payment over and above SSP made by the Company during any such absence (“"Company Sick Pay”") will be determined by the Company in its absolute discretion. The Executive shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include any SSP to which the Executive may be entitled and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of the Executive’s 's illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 17.5 The Executive agrees that at any time during the Employment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The Executive will be asked to agree that any medical report produced may be disclosed to the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s 's advisers. All medical reports will be kept confidential. The Company may discontinue payment of any Company Sick Pay if the Executive fails to return to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to work.
18.6 17.6 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 Executive shall immediately notify the Board and/or the ListCo Board of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Board and/or the ListCo Board may reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacity.
18.7 17.7 The Company’s 's rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 11.1 If the Executive is Incapacitated he she shall immediately as soon as possible notify a member of the Board or the ListCo Board Company and inform it of the reason for his her absence in accordance with such policy as soon as possible on the first day of absencein place from time to time.
18.2 The 11.2 Each time the Executive is absent from work she shall provide self-certification evidence to the Company of his illness or injury the reason for such absence in such form as is reasonably required by the Company and in accordance with such policy as in place from time to time.
11.3 Subject to compliance with the provisions of clauses 11.1 and 11.2 and subject to the Company’s right to terminate the Appointment in accordance with the Company’s sickness policy. If terms of this Agreement for any reason including, without limitation Incapacity if the Executive is absent for more than seven working days he at any time Incapacitated, she shall send a medical practitioner’s certificate to the Company to cover the period of absence.be paid sick pay consisting of:
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days for SSP are Monday to Friday. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable 11.3.1 her Salary for up to 28 weeks.6 months’ absence in aggregate in any period of 12 months;
18.4 Any payment over and above SSP made by 11.3.2 thereafter half her Salary for up to an additional 3 months’ absence in aggregate in any period of 12 months;
11.3.3 thereafter such remuneration (if any) as the Company during any such absence (“Company Sick Pay”) will be determined by the Company Board shall in its absolute discretion. The discretion allow.
11.4 Sick pay paid to the Executive under clause 11.3 shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include be inclusive of any SSP statutory sick pay to which the Executive may be entitled under the provisions of the Social Security Contributions and will be reduced by the amount of any social security benefits recoverable by the Executive (whether or not recovered) in respect of Benefits Xxx 0000. For statutory sick pay purposes the Executive’s illness qualifying days shall be her normal working days.
11.5 The Company shall be entitled to deduct from any sick pay paid under clause 11.3 or injury. The Executive is not eligible to any other such remuneration as may be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after to the Executive has given any sickness or received notice injury benefits otherwise paid to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings)Executive.
18.5 11.6 The Executive agrees that at any time during the Employment he Appointment she will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner after having provided the Executive will with a copy of any report or results to disclose to and discuss with the Human Resources Manager in confidence the results of any such medical examination.
11.7 If the Executive shall at any time be asked to agree that Incapacitated during the Appointment for a total of 26 or more weeks in any medical report produced may be disclosed to 12 consecutive calendar months the Company and that the Company may discuss the contents of the report with the specialist and with the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue may, provided it has made good faith attempts to procure payment of any Company Sick Pay income protection benefits pursuant to clause 9.3 if applicable, terminate the Appointment on notice.
11.8 If the Executive fails is Incapacitated for a consecutive period of 20 working days the Board may appoint another person or persons to return perform her duties until such time as the Executive is able to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workresume fully the performance of her duties.
18.6 11.9 If the Incapacity Executive is or appears to be occasioned Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Human Resources Manager 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 and/or the ListCo Board may as soon as is reasonably requirepracticable. The Executive shall, if required shall include in any claim for damages against such third party a claim in respect of monies paid by the Board and/or Company under this clause 11 and shall receive the ListCo Board, co-operate in any related legal proceedings and refund sick pay referred to clause 11.3 (other than the statutory sick pay element referred to at clause 11.4) as loans by the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacity.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when (notwithstanding that as an interim measure income tax has been deducted from such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.payments as if they were emoluments of
Appears in 1 contract
SICKNESS AND ABSENCE. 18.1 11.1 If the Executive is Incapacitated he shall immediately as soon as possible notify a member of the Board or the ListCo Board Company and inform it of the reason for his absence as soon as possible on the first day of absence.
18.2 The Executive shall provide self-certification of his illness or injury in accordance with the Company’s sickness policy. If such policy as in place from time to time.
11.2 Each time the Executive is absent for more than seven working days he from work he/she shall send a medical practitioner’s certificate provide evidence to the Company to cover of the period of absence.
18.3 The Executive may be entitled to SSP if he satisfies the relevant statutory requirements. Qualifying days reason for SSP are Monday to Friday. The rate of SSP such absence in such form as is set reasonably required by the government Company and in April each yearaccordance with such policy as in place and the Swedish Sick Pay Act (Sw. No SSP sjuklönelagen (SFS 1991:1047)) as applicable from time to time. Subject to compliance with the provisions of clauses 11.1 and 11.2 if the Executive is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may at any time Incapacitated, he shall be payable paid sick pay consisting of:
11.2.1 his Salary for up to 28 weeks.6 months’ absence in aggregate in any period of 12 months;
18.4 Any payment over and above SSP made by 11.2.2 thereafter half his Salary for up to an additional 3 months’ absence in aggregate in any period of 12 months;
11.2.3 thereafter such remuneration (if any) as the Company during any such absence (“Company Sick Pay”) will be determined by the Company Board shall in its absolute discretion. The discretion allow.
11.3 Sick pay paid to the Executive under clause 11.2 shall have no contractual right to Company Sick Pay. Company Sick Pay (if paid) will include be inclusive of any SSP statutory sick pay to which the Executive may be entitled and will under the provisions of the Swedish Sick Pay Act.
11.4 The Company shall be reduced by the amount of entitled to deduct from any social security benefits recoverable by sick pay paid under clause 11.2 or any other such remuneration as may be paid to the Executive (whether any sickness or not recovered) in respect of injury benefits otherwise paid to the Executive’s illness or injury. The Executive is not eligible to be paid Company Sick Pay in respect of absence: (a) during any probationary period; (b) after the Executive has given or received notice to terminate the Employment, or (c) while the Executive is the subject of any disciplinary proceedings (including but not limited to during any investigation into any complaint or allegation against the Executive and through completion of any disciplinary hearings).
18.5 11.5 The Executive agrees that at any time during the Employment Appointment he will consent, if required by the Company, to a medical examination by a medical practitioner appointed by the Company at its expense. The expense and shall authorise such medical practitioner after having provided the Executive will be asked with a copy of any report or results to agree that any medical report produced may be disclosed disclose to the Company and that the Company may discuss the contents of the report with the specialist and with Human Resources Manager in confidence the Company’s advisers. All medical reports will be kept confidential. The Company may discontinue payment results of any Company Sick Pay if such medical examination.
11.6 If the Executive fails is Incapacitated for a consecutive period of 20 working days the Board may appoint another person or persons to return perform his duties until such time as the Executive is able to work immediately after a GP or other medical practitioners who has examined him states that he is fit to return to workresume fully the performance of his duties.
18.6 11.7 If the Incapacity Executive is or appears to be occasioned Incapacitated by actionable negligence, nuisance or breach of any statutory duty on the part action of a third party in respect of which damages are or may be recoverable, recoverable the Executive shall immediately notify the Board and/or the ListCo Board Human Resources Manager 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 and/or the ListCo Board may as soon as is reasonably require. The Executive shall, if required by the Board and/or the ListCo Board, co-operate in any related legal proceedings and refund to the Company that part of any damages or compensation recovered by the Executive relating to the loss of earnings for the period of the Incapacity as the Board and/or the ListCo Board may reasonably determine less any costs borne by the 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 Executive by the Company in respect of the period of Incapacitypracticable.
18.7 The Company’s rights to terminate the Employment under the terms of this agreement apply even when such termination would or might cause the Executive to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
Appears in 1 contract