Ian Clifford, a UK man on sick leave since 2008, attempted to sue his employer, IBM, for not providing a pay rise during his absence. Clifford has been receiving an annual salary of £54,000 ($70,447) under a disability plan since 2013, despite not working for 15 years. The plan ensures that employees earn three-quarters of their agreed salary, amounting to over $1.9 million by the time he turns 65. Clifford argued that without a pay rise, the payments would diminish in value due to inflation, thus failing to provide the intended security.
Clifford’s claim was dismissed by an employment tribunal, which ruled that the lack of a pay increase did not constitute disability discrimination. Employment Judge Paul Housego stated that while active employees may receive pay rises, inactive employees do not, and this difference is not detrimental due to disability. The judge highlighted that the disability plan already offers a significant benefit and that further generosity was not required.
The case drew attention to the broader issue of benefits for long-term inactive employees and the expectations surrounding them. Despite Clifford’s argument about inflation, the tribunal maintained that the current arrangement was fair and substantial. Clifford’s LinkedIn profile notes that he has been “medically retired” since 2013, underscoring the long-term nature of his situation.
