New contract includes clause about being "of sound mind"

I have secured a new job beginning in January - many thanks for the encouragement of people in this community who gave me the confidence to move forward.

I am about to sign my new contract and noticed a clause that allows immediate termination if I am not "of sound mind".

Is this allowed? What constitutes "of sound mind"? Has anybody else seen this in their contracts because I have never noticed it before?

I do suffer with my mental health and have very bad anxiety, a few motor tics and some verbal ones too -

(I nearly had a diagnosis of Tourettes when I was a kid, but the psychologist wanted to wait to see if I grew out of them for some reason. I grew out of those tics but developed new ones.I do tic uncontrollably quite a lot)

- I am worried about being stigmatised at work for my mental health. Any advice? If I was fired on the basis of this clause could I fight it by complaining to ACAS?

Parents
  • An.employer can dismiss someone on grounds.of.capability and the test.would.be are.you capable.of doing the job.

    Having said that, for those covered by the equality act the employer would have to make reasonable adjustments. Autism is not a mental illness and in itself does not mean thoughts are not rational, in fact autistic thoughts are often more logical and rational than those of a neurotypical. Autistic individuals are more likely to suffer from stress and anxiety and as such it could be discrimination on several counts. 

    Adjustments have to be reasonable and an employee will often argue that adjustments sought are not.reasonable.

    Another thing to bear in mind is that until you have been with an employer for two years you can be dismissed without being given a reason and unless you could prove discrimination you would have a hard job fighting a dismissal within this two year period   Your employer should have sickness, equality, and grievance procedures and you should study these. An employer failing to follow its own policies is always cause for grievance.  Seek advice from a union rep if you are a union member, or Acas wi!ll give you advice if you contact them.

    But until something actually happens the only other thing you could do is ask your employer what they mean by this clause, something which, understandably, you may not wish to do as it could bring another load of questions.

Reply
  • An.employer can dismiss someone on grounds.of.capability and the test.would.be are.you capable.of doing the job.

    Having said that, for those covered by the equality act the employer would have to make reasonable adjustments. Autism is not a mental illness and in itself does not mean thoughts are not rational, in fact autistic thoughts are often more logical and rational than those of a neurotypical. Autistic individuals are more likely to suffer from stress and anxiety and as such it could be discrimination on several counts. 

    Adjustments have to be reasonable and an employee will often argue that adjustments sought are not.reasonable.

    Another thing to bear in mind is that until you have been with an employer for two years you can be dismissed without being given a reason and unless you could prove discrimination you would have a hard job fighting a dismissal within this two year period   Your employer should have sickness, equality, and grievance procedures and you should study these. An employer failing to follow its own policies is always cause for grievance.  Seek advice from a union rep if you are a union member, or Acas wi!ll give you advice if you contact them.

    But until something actually happens the only other thing you could do is ask your employer what they mean by this clause, something which, understandably, you may not wish to do as it could bring another load of questions.

Children
  • l think 'of sound mind' is another way of describing someone without mental capacity to make decisions.

    Anyone without mental capacity cannot legally enter into a legal agreement, for example write a will or consent to medical treatment or its withdrawal.  Decisions are usually made for them by someone appointed by a court/tribunal.

    So in an employment context the 'of sound mind' clause is nearly meaningless unless someone begins to suffer a condition such as dementia or they have such mental trauma or brain injury that they are no longer capable of making decisions and someone else is making decisions on their behalf.

    I believe this may be an implied term of employment anyway (in other words it 'goes without saying', in the same way as someone who loses their sight would no longer be employed as a taxi driver even though this would in all probability not be stated in their contract of employment.)