Left the Job for 15 Years, Then Sued Employer for Not Raising Salary

An ex-employee at IBM developed leukemia and returned to work after 15 years. He took legal action claiming his salary wasn't adjusted for the cost of living. What was the outcome?

(Photo: shutterstock)(Photo: shutterstock)
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Ian Clifford, a former IBM employee, became a central figure in a legal discussion after alleging discrimination by his former employer due to an extended medical leave. Clifford, now 50, began his journey at Lotus Development in 2000, which was then part of IBM. In September 2008, he went on extended sick leave due to mental health issues, and in 2012, he was diagnosed with advanced leukemia.

Over the years, Clifford reached an agreement with IBM that guaranteed him an annual fixed salary of about £54,000 (approximately 245,000 shekels) under the company's disability plan. This arrangement prevented his termination and secured him an income until retirement age, 65, without needing to return to work. However, after a decade of frozen salary, Clifford decided to contact the labor tribunal claiming he was being discriminated against because of his disability.

In the lawsuit he filed in 2022, he claimed that the salary freeze and the company's disregard for inflation impacts diminished the value of the payments he received. Clifford emphasized that the disability plan aims to ensure financial security, yet it fails to meet these expectations when the salary remains unchanged for many years. Additionally, he argued that he has no entitlement to paid leave, unlike other employees.

The Reading labor tribunal dismissed Clifford's lawsuit. In his decision, Judge Paul Housego noted that the current plan provides Clifford with "a very significant benefit," unavailable to non-disabled employees. The judge clarified that the salary freeze does not constitute discrimination since the plan itself offers preferential treatment to its participants.

Clifford, who spent over £30,000 on the legal process, continues to appeal the ruling. He stated that the legal action was necessary to bring public awareness to the case and ensure fair treatment. IBM, for its part, refrained from responding to media inquiries regarding the case.

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תגיות: disability

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