IT worker who has been on paid sick leave for 15 years sues company for not offering a pay rise

Many organizations have employee-friendly leave policies and by harnessing their rights, workers can benefit monetarily even while they're on leave. A UK-based IT worker managed to secure over 15 years of paid sick leave but that wasn't enough for him. In February 2022, Ian Clifford—who had not reported to work for over a decade—sued his employer, IBM, for not offering a pay rise during his sick leave, reports The Telegraph. Despite the organization's generous agreement to put him on a disability plan, the terminally ill worker wasn't satisfied and demanded justice from the Employment Tribunal.

Hailing from the Greater Guildford Area, Clifford (who graduated from King's College London) started working for the IT firm Lotus Development in 2000, as per his LinkedIn. The company was later acquired by IBM. In 2008, the IT technician had to go on sick leave for mental health issues and in 2012, his leukemia diagnosis made him severely ill. His sick leave continued for several years and in 2013, when he was in his mid-30s, Clifford realized that his employer hadn't offered him a pay rise during his five years of off-time. Clifford's grievances also included reduced pension contributions, no holiday pay and disability discrimination.

Regardless, IBM agreed to put him on a "disability plan" that allowed an employee to receive 75% of their agreed earnings until their recovery, retirement or death. The policy stated that the employee has "no obligations to work" during that period but would still receive their salary. So, since 2013, Clifford has been receiving £54,028 (approximately $59,000) and it would continue until his retirement at the age of 65 or until his death. Almost a decade later, in February 2022, Clifford laid out new grievances to the Employee Tribunal, stating disability discrimination, lack of salary increase and holiday pay. Considering the surging inflation in the UK and his standard yearly income, Clifford wanted a 2.5% raise for his employment between 2013- 2022, according to an update by The Telegraph.

In March 2023, the Judge Housego of the Employment Tribunal ruled out Clifford's claim saying that it was not discrimination. As per the ruling, "It is not disability discrimination that the Plan is not even more generous. Even if the value of the £50,000 a year halved over 30 years, it is still a very substantial benefit. However, this is not the issue for, fundamentally, the terms of something given as a benefit to the disabled, and not available to those not disabled, cannot be less favorable treatment related to disability. It is more favorable treatment, not less." Clifford was not so happy with this ruling considering how his salary reportedly wasn't enough to run his family.

Addressing those who claim that IBM's payment was generous as he did not have to show up at work, the IT worker wanted to clarify that he wasn't greedy. "I am on chemotherapy and have been for many years and have been extremely unwell. Your salary affects your death in service [insurance], pension and everything else, it was more for my family," he told the news channel. "People may think, yes it's generous, but firstly those amounts are gross not taxed. I do pay National Insurance on those amounts. I have a son who is off to university. Your mortgage doesn't go down because you are sick," he added. Clifford had to spend over £30,000 (approximately $32,000) for his lawsuit and also worried about not living until the age of 65.