what does this mean in a job contract re mental health

[wtfdoesthismean]

It says they can terminate employment without notice if - Become of unsound mind or a patient for the purposes of any statute relating to mental health

What does that mean? Say for example I developed PND could they then fire me?!

[ShinyAndNew]

I don't think they are allowed to put things like that in contracts. It's discriminations. But yeah, that seems to be what they are getting at.

I'd go to CAB.

[weegiemum]

"statute relating to mental health" probably means if you are sectioned (become a patient under the mental health act)

Still - not very welcoming!

[wtfdoesthismean]

Its working with children if that makes a difference?

Truth is I have mild depression, been under control for years. I still take a low dose of antidepressants and recently had some therapy just to help with past events (which I asked for) Been on them for 5 years. Never missed a day of work because of it or had it cause any problems. They didn't ask about this in the interview.

Stressed out now! Haven't signed anything yet.

[Heqet]

I suppose it means if you have a breakdown and get sectioned?

[TigerDrivesAgain]

It used to be standard wording in many employment contracts - the idea predates the disability discrimination legislation. Also common in directors' service agreements.

I wouldn't be too concerned about it as it is just standard wording. The advice I give employers is either not to bother putting in this wording or if it's in an existing standard contract not to rely on it - if someone is ill (for whatever reason, disabled or not) there are proper processes to follow in order to terminate the employment if that is the only reasonable way forward, and most employers will want to make sure they follow these to avoid claims.

Hope this helps. I assume this is a new contract - or are you concerned about this provision in your existing contract?

[TigerDrivesAgain]

Sorry - cross posted.

It sounds like just standard wording, it isn't specially to do with working with children. I don't think you should stress over it.

[wtfdoesthismean]

Its a new job. I don't see it becoming a problem but who knows what might happen a year or two down the line. Never had anything like that in a contract before. I know where they got the contract from - its almost identical to one I had before but they have added this bit in themselves.

[TigerDrivesAgain]

I do see this in contracts all the time, tbh. I can't recall ever seeing an employer actually using it, and they wouldn't be advised to do so - the risk of disability discrim is too high.

[wtfdoesthismean]

Thanks feel a bit better now!

[GetDownYouWillFall]

I can't believe they would put that in a contract that is totally out of order. Imagine if they put "rights to terminate contract without notice if the employee gets cancer" it would be totally outrageous.
And just because it is a job that works with children shouldn't make it ok. It just speaks of ignorance about mental illness TBH, the ignorant opinion that a person with mental health issues is going to be violent or unpredictable, which of course the vast majority are not.
Grrr.

[wtfdoesthismean]

What I am worried about is if I sign it then somehow they find out about my depression then I am totally stuffed. Or does it only mean some mental illnesses I veiw my depression like diabetes, its something that the vast majority of the time is under control and I just need to monitor and take my medication to make sure it stays that way. What if I had a car crash and then had follow up panic attack would they sack me then? I had no idea it was legal to write that. I thought it would be that if you were ill and unable to work but then were deemed to be fit to return to work by a Dr then that was that. Its all a bit scary.

[TigerDrivesAgain]

Honestly, I wouldn't worry. If you are asked for a pre-employment medical then you need to think about what you do and don't disclose. That's quite unusual.

I really think (and am employment lawyer of 20+ years exp) that this is just throwaway standard wording and I do not think it will come back to bite you. It's in about (guess) a third of contracts I see, maybe more, maybe less, but not at all unusual and I have never seen an employer try to rely on it - if - and heaven forfend you do - you did have problems in future, they would be much more worried (a) about doing the right thing by you and (b) your statutory rights than this provision of your contract.

[GetDownYouWillFall]

I think you need to state on your medical form that you do have depression but that it is well-managed. You don't want to be in a difficult situation if it later comes to light and they try to claim you hid it from them.

[madmouse]

Can we just clear up for the sake of whoever worries about it that depression does not make you 'of unsound mind'!!!!!It really doesn't. The term refers indeed to being sectioned and that is a lot less common than people sometimes think.

Of course the provision in the contract is totally ridiculous, but that's another matter.

[wtfdoesthismean]

getdown I have not been asked to sign a medical form for the job. However the job was though an agency and on their forms I have mentioned depression and had a Drs letter stating I was fit to work with young children. However am not sure new employers have seen either of these.

I feel a bit better knowing its not something random they made up and that it is in quite a few contracts. I do think its rubbish though!

Thanks for all the help