Bermuda Post

Friday, Mar 29, 2024

IBM Employee On Sick Leave For 15 Years Sues Company For No Pay Rise

IBM Employee On Sick Leave For 15 Years Sues Company For No Pay Rise

A senior IT worker who's been on sick leave since 2008 took his employer to court for discrimination because he didn't receive a salary hike, Telegraph reported. As per the report, Ian Clifford is employed by tech giant IBM but he's been sick for the past 15 years. According to his LinkedIn profile, he's been 'medically retired' since 2013. Mr Clifford first wenton sick leave in September 2008

However, he claimed that he was a victim of 'disability discrimination' because his salary had not been increased in the 15 years he was off work. Under an IBM health plan, the IT specialist receives more than 54,000 pounds (Rs 55,30,556) a year and is guaranteed to receive the salary until he is 65. 

But, the employee argued that the health plan was ''not generous enough'' because his salary will wither over time due to inflation. 

Notably, Mr Clifford first went on sick leave in September 2008 and things remained as such until 2013 when he raised a grievance. Heeding his complaint, IBM offered him a 'compromise agreement' where he was put onto the company's disability plan so he wouldn't be dismissed. Under the plan, a person who is unable to work is not dismissed but remains an employee and has ''no obligation to work''.

An employee on the plan has a 'right' until recovery, retirement, or death if earlier, to be paid 75% of agreed earnings. In his case, his agreed salary was 72,037 pounds, meaning from 2013 he would be paid 54,028 pounds per year after 25% was deducted.  The plan was fixed in place for more than 30 years until he reached retirement age at 65.

In February 2022, he took IBM to an employment tribunal on claims of disability discrimination. He said, "The point of the plan was to give security to employees not able to work - that was not achieved if payments were forever frozen."

However, things didn't go according to his plan, as an employment tribunal dismissed his claims, with a judge telling him he has been given a "very substantial benefit" and "favourable treatment".

Judge Housego said, “That active employee may get pay rises, but inactive employees do not, is a difference, but is not, in my judgment, a detriment caused by something arising from disability. The complaint is in fact that the benefit of being an inactive employee on the plan is not generous enough because the payments have been at a fixed level since April 6, 2013, now 10 years, and may remain so.

''The claim is that the absence of an increase in salary is disability discrimination because it is less favourable treatment than afforded those not disabled. This contention is not sustainable because only the disabled can benefit from the plan. 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.''

''It is more favourable treatment, not less,'' he concluded. 

Newsletter

Related Articles

Bermuda Post
0:00
0:00
Close
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Steve Jobs' Son Launches Venture Capital Firm With $200 Million For Cancer Treatments
Israel: Unprecedented Civil Disobedience Looms as IDF Reservists Protest Judiciary Reform
Google reshuffles Assistant unit, lays off some staffers, to 'supercharge' products with A.I.
End of Viagra? FDA approved a gel against erectile dysfunction
UK sanctions Russians judges over dual British national Kara-Murza's trial
US restricts visa-free travel for Hungarian passport holders because of security concerns
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Political leader from South Africa, Julius Malema, led violent racist chants at a massive rally on Saturday
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Spanish Citizenship Granted to Iranian chess player who removed hijab
US Senate Republican Mitch McConnell freezes up, leaves press conference
Speaker McCarthy says the United States House of Representatives is getting ready to impeach Joe Biden.
San Francisco car crash
This camera man is a genius
3D ad in front of Burj Khalifa
Next level gaming
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
'I just lost it' Lowe’s worker fired after 13 years of employment for confronting thieves trying to steal $2K of merchandise
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
Europe is boiling: Extreme Weather Conditions Prevail Across the Continent
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Italian Court's Controversial Ruling on Sexual Harassment Ignites Uproar
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
×