In a surprising legal case, an employee who has been on sick leave for 15 years is suing his former employer for failing to provide him with a pay rise.
The worker absent since 2008 due to mental health
Ian Clifford, a UK-based worker at tech giant IBM, has been absent from his job since 2008 due to mental health issues.
However, the company has continued to keep him on their payroll.
Clifford was initially signed off work in 2008 on mental health grounds.
Under an agreement with IBM, he retained his employee status but had “no obligation to work.”
The employee was designed on a disability plan
In 2013, he was placed on a disability plan that ensured he received three-quarters of his annual salary of $70,447.
This arrangement was set to continue until his 65th birthday, meaning Clifford could potentially receive around $1.9 million in disability payments over the course of his career.
He sues the company for not raising his salary
Despite receiving a substantial amount each year, Clifford has filed a lawsuit against IBM.
He claimed that the company’s refusal to grant him a pay rise over the past 10 years amounts to disability discrimination.
Clifford argued that the lack of a pay increase was an unfair treatment of his disabled status.
Clifford believes that his salary should have been raised to keep up with inflation and the rising cost of living.
His complaint highlights that the purchasing power of his salary has decreased over time, making it harder to maintain the same standard of living.
The employee accuses IBM of disability discrimination
Clifford’s primary argument is that IBM’s failure to raise his salary is a form of disability discrimination.
He states that because he is unable to work due to his health condition.
He is at a disadvantage compared to his colleagues who have continued working and received regular pay raises.
Clifford emphasizes that he is being unfairly treated because of his long-term illness.
The company’s response to Clifford’s claims
IBM has responded to Clifford’s claims by stating that their disability plan is designed to provide financial stability for employees unable to work.
The company argues that the plan’s terms were agreed upon in 2013.
Clifford has continued to receive a significant portion of his salary without the obligation to work.
IBM believes that the existing arrangement is fair and that they have fulfilled their obligations under the disability plan.
The tribunal dismiss Clifford’s claims
Clifford’s case was brought before an employment tribunal, but his claims were eventually rejected.
The tribunal ruled that the decision not to provide pay raises to long-term sick employees did not constitute disability discrimination.
It is rather a difference in the company’s compensation policies.
The tribunal acknowledged that while Clifford had not received a pay rise in a decade, he had still received 75% of his salary through the disability plan.
They argued that this payment, although potentially diminished by high inflation over time, was still substantial financial support for Clifford during his prolonged absence from work.
The tribunal clarifies IBM’s policy for people with disabilities
The tribunal said Clifford’s case was special. They noted that IBM’s actions toward him might not apply to other sick employees.
They explained that not giving him a pay raise would not punish him.
It was based on IBM’s policy for employees who can’t work
Social media reaction.
The public reaction to this case has been mixed.
Some people sympathize with Clifford, arguing that his salary should reflect the increased cost of living over the years.
They believe that long-term sick leave should not result in financial stagnation.
However, others think that Clifford is already receiving a generous amount given that he has not worked for 15 years and should not expect further financial benefits.
If he’s been disabled for 15 yrs how can he still be alive? I’m sure he’s not that useless to do something else. What a loser. Waste of fresh air, one user said.
15 years on sick leave … Where the heck does that happen !!?? The second user said.
He’ll probably get it laws are pretty dumb anymore, the third user commented.
This guy should have kept his head down and his mouth shut, another wrote.
I’m surprised he still has a job, someone wrote.