AND MAY BE DEDUCTED (IN WHOLE OR IN
PART) FROM ANY SUMS DUE TO YOU.
11.
SICK PAY
11.1
IF YOU ARE AT ANY TIME PREVENTED BY ILLNESS OR
ACCIDENT FROM PERFORMING YOUR DUTIES YOU SHALL GIVE NOTICE TO THE COMPANY OF
YOUR INCAPACITY AS SOON AS POSSIBLE AND, IF PRACTICABLE, ON THE FIRST DAY OF
INCAPACITY.
THE COMPANY MAY APPOINT A TEMPORARY REPLACEMENT TO UNDERTAKE SOME
OR ALL OF YOUR DUTIES IN THE EVENT THAT IT IS NECESSARY TO DO SO.
11.2
IF YOU ARE ABSENT FOR MORE THAN SEVEN DAYS FROM
YOUR EMPLOYMENT YOU SHALL ON THE EIGHTH DAY SEND TO THE COMPANY A CERTIFICATE OF
YOUR INCAPACITY SIGNED BY A REGISTERED MEDICAL PRACTITIONER AND SHALL SEND
FURTHER SUCH CERTIFICATES TO COVER THE ENTIRE DURATION OF ANY CONTINUED
ABSENCE.
IF NO SUCH CERTIFICATES ARE RECEIVED BY THE COMPANY YOU SHALL NOT BE
ENTITLED TO RECEIVE ANY SALARY FOR ANY UNCERTIFIED PERIOD.
11.3
IF YOU ARE, AT ANY TIME, SO REQUIRED BY THE BOARD
YOU WILL UNDERGO A MEDICAL EXAMINATION BY SUCH DOCTOR OR DOCTORS AS THE BOARD
SHALL NOMINATE AT THE COMPANY'S EXPENSE AND AUTHORISE THE DOCTORS RESPONSIBLE
FOR SUCH EXAMINATION(S) TO DISCLOSE TO AND DISCUSS WITH THE COMPANY AND/OR ITS
MEDICAL AND/OR LEGAL ADVISORS THE RESULTS PROVIDED.
11.4
SUBJECT TO COMPLIANCE WITH THE PROVISIONS OF
CLAUSES 11.2 TO 11.3 AND THE PREVAILING REGULATIONS RELATING TO INCAPACITY AND
THE COMPANY'S RIGHTS PURSUANT TO CLAUSE 15.1.1, YOU WILL BE PAID SICK PAY
CALCULATED IN ACCORDANCE WITH THE COMPANY'S SICKNESS ABSENCE POLICY.
11.5
YOU SHOULD NOTE THAT, SHOULD YOU RECEIVE ANY
PAYMENTS UNDER THE PHI SCHEME, THE COMPANY RESERVES THE POWER (AND YOU HEREBY
CONSENT) TO CHANGE ANY OF THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT INCLUDING
YOUR DUTIES AND JOB DESCRIPTION/TITLE OR TO APPOINT A PERMANENT REPLACEMENT TO
UNDERTAKE SOME OR ALL OF YOUR DUTIES UNDER THIS AGREEMENT.
IN ADDITION, ONCE IN
RECEIPT OF PAYMENTS UNDER PHI SCHEME YOU WILL NOT BE ENTITLED TO ANY OTHER
CONTRACTUAL BENEFIT (INCLUDING, FOR THE AVOIDANCE OF DOUBT, CONTRACTUAL HOLIDAY,
COMPANY PENSION CONTRIBUTIONS, LIFE ASSURANCE OR MEDICAL INSURANCE).
FURTHER,
THE COMPANY SHALL BE UNDER NO OBLIGATION TO ALLOW YOU TO RETURN TO PERFORM YOUR
DUTIES IF PAYMENTS UNDER THE PHI SCHEME ARE TERMINATED FOR ANY REASON.
ANY
EXERCISE BY THE COMPANY OF ITS RIGHTS UNDER THIS CLAUSE SHALL BE WITHOUT
PREJUDICE TO THE COMPANY'S RIGHTS UNDER CLAUSE 15.1.1.
11.6
WHERE YOU ARE RECEIVING BENEFITS UNDER THE PHI
SCHEME OR WHERE YOUR ABSENCE DUE TO ILLNESS OR INJURY MAY ENTITLE YOU TO RECEIVE
BENEFITS IN THE FUTURE, THE COMPANY WILL NOT TERMINATE YOUR EMPLOYMENT WHERE TO
DO SO WOULD RENDER YOU INELIGIBLE FOR SUCH BENEFITS EXCEPT IN CIRCUMSTANCES
WHERE THE COMPANY WOULD BE ORDINARILY ENTITLED TO DISMISS YOU SUMMARILY AND/OR
IF THE COMPANY MAKES YOU REDUNDANT (WITHIN THE MEANING OF SECTION 139 OF THE
EMPLOYMENT RIGHTS ACT 1996).
11.7
IF YOUR ABSENCE IS OR APPEARS TO BE OCCASIONED BY
ACTIONABLE NEGLIGENCE, NUISANCE OR BREACH OF ANY STATUTORY DUTY ON THE PART OF A