The facts 
Ian Clifford, an IT worker joined  the Brno IBM company in 2003. He had previously worked for the UK branch of IBM since 2001 but found a girlfriend in the Czech Republic and wanted to move.  His contract was originally for the position of IT Team supervisor with the U.K. office and guaranteed him a salary of 54000£ annually - the contract stipulated that this salary would be payable even at the time of sick leave based on the insurance policy of the U.K. company.

However, in 2005 the U.K. company went through a spin off and asked the Brno branch to retain two teams - Mr. Clifford was one of the 17 employees whose contracts were assigned to the Czech Branch and the Czech branch accepted all right and obligations stemming from the employment contracts and simply adding that the contracts would be governed by the Czech law. 

In 2006 Mr Clifford was diagnosed with acute panic attack disorder and has been fighting the mental illness  ever since.    Technically he has been off and on sick leave for the most part of 15 years - however, whenever the period of 380 days was approaching he appears at work and stayed for between three days to 2 weeks. 

Following his return, he has several times raised a grievance claiming that he had not received a pay rise and had been denied extra holiday pay for the previous years as well as bonuses.

IBM offered Clifford a “compromise agreement” in April 2011, which allowed him to be placed on the company’s disability plan. This meant that he would not be dismissed even if he was unable to work due to his disability and would receive the minimum pay guaranteed originally by the U.K. office. 

However, in February 2022, without warning and without pre action notice Mr Clifford filed a new disability claims against IBM 

He is alleging  that he is discriminated against on basis of his medical condition and disability and that he is subject to   
 unfair treatment and had not received a salary increase nor valorisation since being placed on the disability plan. He also  argues that his IBM disability pay is not 'generous enough' because it was negotiated before inflation, before covid and before the Ukrainian war and over time his salary keeps being  worth less due to inflation.

He also complains about not being given the extra 2 weeks and 5 paid sick days of holiday entitlement and claims that he is  treated differently from non-disabled employees who received full pay during their holiday and sick leave.