Ian Clifford, a senior IT worker employed by IBM, has lost his disability discrimination case after he claimed that his salary had not been increased for the 15 years he was off work due to his illness. Clifford went on sick leave in September 2008 and was put on IBM’s disability plan in 2013. The plan guarantees a person who is unable to work to receive 75% of their agreed earnings, meaning Clifford has been receiving more than £54,000 ($74,000) a year under the plan. However, Clifford argued that the plan was “not generous enough” as his salary would wither over time due to inflation.
Clifford took IBM to an employment tribunal in February 2022 on claims of disability discrimination, but the tribunal dismissed his claims. Judge Housego told Clifford that he had been given “very substantial benefit” and “favorable treatment.” The judge said that while an active employee may get pay rises, inactive employees do not, but this is not a detriment caused by something arising from disability. He added that the absence of a salary increase is not less favorable treatment than afforded those not disabled.
The IBM health plan offers Clifford more than £54,000 per year and guarantees him a salary until he is 65. An employee on the plan has a “right” until recovery, retirement, or death if earlier, to be paid 75% of their agreed earnings. Under the plan, a person who is unable to work is not dismissed but remains an employee and has “no obligation to work.” The plan was fixed in place for more than 30 years until the employee reached retirement age at 65.
Clifford’s LinkedIn profile shows that he has been “medically retired” since 2013. Clifford’s case highlights the issues surrounding long-term sickness leave and pay, and the challenges faced by employers in balancing support for employees with the need to manage costs.
