Worker on sick leave for 15 years sues employer after receiving no pay rise
13.05.2023 - 18:03
/ dailyrecord.co.uk
A senior IT worker who has been on sick leave for 15 years took his employer to court for discrimination because he hasn't been given a pay rise.
Ian Clifford claimed he was the victim of disability discrimination by tech giant IBM because his salary hasn't been increased since 2008, the Mirror reports.
The IT specialist receives a salary of over £54,000 a year and is guaranteed to receive the payment until he is 65 - under a lucrative health plan. It means he will pocket more than £1.5 million.
Mr Clifford argued it is "not generous enough", claiming the salary would "wither" due to inflation.
However, an employment tribunal dismissed his claims, with a judge telling him he has been given a "very substantial benefit" and "favourable treatment".
During the tribunal in Reading, Berkshire, the court heard Mr Clifford - who studied at King's College London - started working for Lotus Development in 2000 before it was acquired by IBM.
He went on sick leave in September 2008 and remained off work until 2013, when he raised a grievance.
Under the grievance, Mr Clifford complained that he hadn't received a pay rise and also complained about holiday pay for the five-year period.
In April 2013, when Mr Clifford was in his mid-30s, a "compromise agreement" was reached and his complaints were settled by putting him on the company's disability plan.
Under the plan, a person who is unable to work is not dismissed, but remains an employee and has "no obligation to work". An employee on the plan has a "right", until recovery, retirement, or death if earlier, to be paid 75 per cent of agreed earnings.
In Mr Clifford's case, his agreed salary was £72,037 - meaning from 2013 he would be paid £54,028 per year after 25 per cent was deducted.
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