IBM Employee Who's Been On Sick Leave For 15 Years Sues Company For No Pay Raise

Ian Clifford, aged 50, has come forward claiming to be a victim of disability discrimination due to the lack of a salary increase during his 15-year sick leave period.

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After initiating his sick leave in September 2008, the situation persisted until 2013 when Ian Clifford decided to address the issue by filing a grievance, complaining that he'd not received a pay rise in the last five years. 

IBM and Clifford then reached a mutual agreement known as a 'compromise agreement.' Under this agreement, Clifford was enrolled in the company's disability plan to ensure he would not face dismissal. Consequently, he retained his status as an employee 'without any obligation to work'.

However, Clifford proceeded to file a lawsuit against his employer. In February 2022, he brought IBM to an employment tribunal, citing disability discrimination and raising similar concerns as he had in the previous grievance

He said: "The point of the plan was to give security to employees not able to work - that was not achieved if payments were forever frozen."

Benefitting from a lucrative IBM health plan, the IT specialist receives an annual income of $67,500, ensuring a steady salary until the age of 65. This long-term arrangement guarantees him a total payout exceeding $1.8 million.

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Mr. Clifford argued that his $67,500 salary provided by the health plan is "not generous enough" and that its value will diminish over time due to inflation.

"The complaint is in fact that the benefit of being an inactive employee on the Plan is not generous enough, because the payments have been at a fixed level since April 6, 2013, now 10 years, and may remain so."

He added: "The claim is that the absence of increase in salary is disability discrimination because it is less favourable treatment than afforded those not disabled."

"This contention is not sustainable because only the disabled can benefit from the plan."

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Unfortunately, the outcome did not align with Clifford's desired outcome, as the employment tribunal in Reading dismissed his claim. Clifford was informed that he was already receiving a "very substantial benefit" and being treated favorably.

"It is not disability discrimination that the Plan is not even more generous."

"Even if the value of the $62,000 a year halved over 30 years, it is still a very substantial benefit."

"Your salary affects your death in service insurance, pension and everything else, it was more for my family."

“People may think, yes it's generous, but firstly those amounts are gross not taxed. I do pay National Insurance on those amounts.”

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Judge Housego said: "Active employees may get pay rises, but inactive employees do not, is a difference, but is not, in my judgement, a detriment caused by something arising from disability." Employment Judge Paul Housego said in his dismissal of the case."

In his first public statement following the dismissal, Mr. Clifford emphasizes that resorting to legal action was his final option. 

He told The Daily Telegraph: "I am on chemotherapy and have been for many years and have been extremely unwell."

“I have a son who is off to university. Your mortgage doesn't go down because you are sick.”

He added: "My life is being curtailed, the chances of me living to 65 is highly unlikely.”

He said he had spent more than $37,000 bringing the case against IBM.

“I had to use all my savings to bring this case and more and had to borrow money on a credit card. It's left me financially very vulnerable.”