I have come across the following clause in a staff handbook and would be interested to know other’s views of whether it has any standing. My view is that it may be useful in managing expectations but does not give the automatic right to dismiss.
“The Company reserves the right to terminate your employment by giving you statutory notice if you are absent from work due to sickness for a period exceeding more than 3 months in any 12 month period, or shorter periods aggregating more than 3 months in any 12 month period, or if it is determined by the medical examination that you are incapable due to sickness/incapacity of returning to work in the role for which you are employed”
Chris Burgess