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Daily Mirror
Daily Mirror
National
Alahna Kindred & Katie Weston

Man speaks out after suing boss for not raising pay while off sick for 15 years

A senior IT worker on sick leave since 2008 has spoken out for the first time since he tried to sue a tech giant for discrimination because he hasn't been given a pay rise.

Ian Clifford, 50, claimed he was the victim of disability discrimination because his salary hasn't been increased in the 15 years he has been off work.

Under a lucrative IBM health plan, the IT specialist receives over £54,000 a year and is guaranteed to receive the salary until he is 65 - meaning he will pocket more than £1.5 million.

But Mr Clifford argued it is "not generous enough", claiming that his £54,028 salary will "wither" over time due to inflation.

Mr Clifford is employed by IBM (NurPhoto via Getty Images)

However, an employment tribunal dismissed his claims, with a judge telling him he has been given a "very substantial benefit" and "favourable treatment".

Speaking for the first time since the dismissal, Mr Clifford says taking legal action was always a last resort.

He told The Daily Telegraph: "I am on chemotherapy and have been for many years and have been extremely unwell.

"Your salary affects your death in service [insurance], pension and everything else, it was more for my family.

“People may think, yes it's generous, but firstly those amounts are gross not taxed. ... I do pay National Insurance on those amounts.

“I have a son [who is] off to university. Your mortgage doesn't go down because you are sick.”

He said he spent more than £30,000 bringing the case against IBM.

He added: "My life is being curtailed, the chances of me living to 65 is highly unlikely.”

The tribunal in Reading, Berkshire, heard Mr Clifford - who studied at King's College London - started working for Lotus Development in 2000 before it was acquired by IBM.

He went on sick leave in September 2008 and remained off work until 2013, when he raised a grievance.

Under the grievance, Mr Clifford complained that he hadn't received a pay rise and also complained about holiday pay for the five-year period.

In April 2013, when Mr Clifford was in his mid-30s, a "compromise agreement" was reached and his complaints were settled by putting him on the company's disability plan.

Under the plan, a person who is unable to work is not dismissed, but remains an employee and has "no obligation to work", it was heard.

An employee on the plan has a "right", until recovery, retirement, or death if earlier, to be paid 75 per cent of agreed earnings.

In Mr Clifford's case, his agreed salary was £72,037 - meaning from 2013 he would be paid £54,028 per year after 25 per cent was deducted.

The plan was fixed in place for more than 30 years until he reached the retirement age of 65, meaning he will receive a total of over £1.5 million.

He was also paid £8,685 to settle his holiday pay complaints in 2013 and agreed never to raise a further grievance about the same issues.

Employment Judge Paul Housego dismissed his case.

The Mirror contacted IBM for comment.

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