A senior IT worker, Ian Clifford, who has been on sick leave since 2008, recently attempted to sue tech giant IBM for discrimination due to the lack of a pay rise.
Clifford claimed that he was a victim of disability discrimination as his salary had not been increased during his 15-year absence from work. However, an employment tribunal in Reading, Berks, ultimately dismissed his case.
Background and Compromise Agreement
Ian Clifford, who had studied at King’s College London, started working for Lotus Development in 2000 before it was acquired by IBM. In September 2008, he went on sick leave and remained off work until 2013, when he raised a grievance. Following negotiations, a “compromise agreement” was reached in April 2013. Under this agreement, Clifford was put on IBM’s disability plan, which ensured he would receive a fixed salary until his retirement at 65, amounting to over £1.5 million.
Allegations of Discrimination and Grievance
Mr. Clifford’s complaint centered around his lack of pay rise and holiday pay for the five-year period. He argued that his annual salary of £54,028 would erode over time due to inflation. Despite reaching a settlement in 2013, which included a payment of £8,685 to settle his holiday pay complaints, Clifford took IBM to an employment tribunal in February 2022 with fresh disability discrimination claims mirroring his previous grievance.
The Employment Tribunal Decision
Employment Judge Paul Housego dismissed Mr. Clifford’s case, stating that the absence of a pay increase for inactive employees on the disability plan does not constitute discrimination arising from disability. Judge Housego highlighted that the plan was designed to provide security to employees unable to work and that the fixed payments remained a substantial benefit, even if their value might diminish over time due to inflation. He emphasized that the plan’s terms, which are exclusive to disabled employees, cannot be considered less favorable treatment related to disability, but rather more favorable treatment.
Conclusion
Ian Clifford’s discrimination claim against IBM for the lack of a pay rise during his extended sick leave was dismissed by the employment tribunal. The tribunal concluded that the disability plan provided a significant benefit to disabled employees and did not amount to discrimination. This ruling emphasizes the complexities surrounding disability discrimination cases and the need to carefully consider the specifics of each situation.