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No salary increase during illness – man sues company and fails

2023-05-21T04:28:51.995Z

Highlights: Ian Clifford, 50, joined IBM in 2003, but since 2008 he can no longer work. He was diagnosed with stage four leukemia in 2012, after he had been classified as unfit for work for mental health reasons four years earlier. Clifford accuses his employer of discriminating against him because of his disability. A judge is said to have classified the IBM as "preferential treatment", which gives him a "very significant advantage" But this will not be achieved if payments are frozen, the judge emphasized.



Is sued by an employee for a salary increase in the event of illness: IBM is one of the best-known companies in the IT industry. © IMAGO / Pius Koller

Ian Clifford is struggling with death because of his leukemia. And in court against his employer IBM. He demands more salary from him – without working.

London – Ian Clifford is terminally ill. He will most likely not be able to work another day in his life. The 50-year-old continues to be paid by his employer, the US IT company IBM, despite a decade and a half of sick leave. But that's not enough for him. However, the family man failed with a lawsuit against the group, which has annual sales in the double-digit billions, as reported by the English newspapers The Telegraph and The Mirror, among others.

Clifford accuses his employer of discriminating against him because of his disability. He was diagnosed with stage four leukemia in 2012, after he had been classified as unfit for work for mental health reasons four years earlier.

Leukemia employee sues IBM: salary not adjusted since 2013

His current annual salary is 54,028 pounds, the equivalent of just over 62,000 euros. This sum is said to have been promised to him until his 65th birthday. In total, he would collect more than 1.5 million pounds, i.e. more than 1.7 million euros. But last year, he filed a lawsuit against IBM because his salary had not been adjusted since 2013.

During his active time at IBM, his annual salary is said to have been £72,037 – just under €83,000 – but it was reduced by 25 percent due to sick leave. Officially, Clifford is still an employee at IBM, but without "the obligation to work."

Terminally ill IBM employee: joined the group in 2003 - since 2008 he can no longer work

According to his LinkedIn profile, he joined IBM in March 2003 and worked as a systems architect and commercial bid manager at its offices in Staines and Feltham, near London and in a district of the British capital. From September 2010, he took up distance learning at Aston Business School to complete his Master's degree in Financial and Financial Regulation.

In addition, Clifford is committed to "the well-being and integration of students". He wants to "help all students reach their potential, regardless of their background and circumstances," according to his LinkedIn profile.

Lawsuit against IBM: Employees suffering from cancer want more money because of inflation

At least his own son is also at stake in the lawsuit against IBM. He is currently going to university. That's why he wants to support him financially as much as possible. But it is uncertain how long he will be able to do that. Because of his serious illness, "it is very unrealistic" that he will live to see his 65th birthday. "I have been undergoing chemotherapy for many years and feel extremely unwell," the Telegraph quotes Clifford as saying.

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He complains that the agreed salary is not enough, and that it is not only inflation that has a negative effect: "People may think, yes, that's generous. But firstly, these amounts are gross and are not taxed. I pay social security contributions on it."

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Judge rejects lawsuit against IBM: Leukemia employee not discriminated against

The court in Reading, between London and Oxford, however, did not even begin to follow his reasoning. A judge is said to have classified the agreement with IBM as "preferential treatment", which gives him a "very significant advantage". Clifford countered: "The whole point of the plan was to provide security for workers who are unable to work. But this will not be achieved if payments are frozen forever."

Judge Paul Housego emphasized, however, that only active employees could get salary increases. The claim that Clifford is at a disadvantage because of his illness compared to colleagues who continue to work at IBM "is untenable, since only people with disabilities can benefit from this plan (salary transfers without the obligation to work, ed.). It's not discrimination because of disability that this plan isn't even more generous."

In the eyes of the lawyer, it would still be "a very great achievement" if the value of the salary were to be "halved over the course of 30 years". According to the reports, Clifford has already announced that he will appeal the verdict.

Terminally ill employee wants more money from IBM: £30,000 spent on lawsuit

According to his own statements, he has already spent 30,000 pounds – around 34,500 euros – to drag IBM into the dock. Previously, the group had made him two offers.

The agreement he is now challenging was already the result of a complaint. After Clifford had protested in 2013 against the fact that he had not received a wage increase or holiday pay since he was declared unable to work, both sides had reached the compromise, which has now been in force for ten years.

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Source: merkur

All news articles on 2023-05-21

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