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New contract includes clause about being "of sound mind"

NAS49818

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?

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  • NAS49818 said:
    What constitutes "of sound mind"?

    That's subjective at best. I'd just ignore it personally. Unless it did become an issue with them, then I would try to get them to prove I wasn't. They aren't going to pack you off for observation, so it's not a thing that they can really bring into play. As Plastic said, it's an archaic clause. It actually sounds like something from a Victorian novel, not a contract from 2018!

    Autism isn't an issue that can really be put into "sound mind" territory. It is your state of mind, not an unsound mind. If they are accepting your applications with everything considered it shouldn't be a problem. Tics don't constitute an "unsound mind" either. As for anxiety, try not to overthink things at the moment. Easier said than done, but I've fell foul of the "It's not the things that are happening, it's the things that haven't happened yet" mentality. It's probably an autists worst enemy.

    I wouldn't think too deeply, you haven't started the job yet. Just enjoy yourself, and don't let it be a thing that gets in the way. You can be stigmatised for anything, you could for having a big nose, or a pot belly. Until you are, you aren't. You can end up being over-sensitive, and end up spoiling for trouble. I know, I've done it. I'd just ignore it, and just settle in worry free. I tic too, and I don't really give a *** what people think. I used to, but why worry. I make jokes about some of my tics, it helps.

    Congratulations, and all the best on starting your new job!

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  • NAS49818 said:
    What constitutes "of sound mind"?

    That's subjective at best. I'd just ignore it personally. Unless it did become an issue with them, then I would try to get them to prove I wasn't. They aren't going to pack you off for observation, so it's not a thing that they can really bring into play. As Plastic said, it's an archaic clause. It actually sounds like something from a Victorian novel, not a contract from 2018!

    Autism isn't an issue that can really be put into "sound mind" territory. It is your state of mind, not an unsound mind. If they are accepting your applications with everything considered it shouldn't be a problem. Tics don't constitute an "unsound mind" either. As for anxiety, try not to overthink things at the moment. Easier said than done, but I've fell foul of the "It's not the things that are happening, it's the things that haven't happened yet" mentality. It's probably an autists worst enemy.

    I wouldn't think too deeply, you haven't started the job yet. Just enjoy yourself, and don't let it be a thing that gets in the way. You can be stigmatised for anything, you could for having a big nose, or a pot belly. Until you are, you aren't. You can end up being over-sensitive, and end up spoiling for trouble. I know, I've done it. I'd just ignore it, and just settle in worry free. I tic too, and I don't really give a *** what people think. I used to, but why worry. I make jokes about some of my tics, it helps.

    Congratulations, and all the best on starting your new job!

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