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The case, which dates back to Pal’s dismissal in 2019, will now return to a freshly constituted tribunal
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Compensation will also be reconsidered. Pal described the ruling as a relief and said she hopes it will lead to better support and fair treatment for employees with chronic health conditions
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Accenture said it could not comment on an ongoing legal matter
A non-resident Indian professional has won a significant legal battle in the UK that could strengthen workplace protections for employees living with chronic illnesses. Sanju Pal, originally from West Bengal, secured a major victory at the Employment Appeal Tribunal (EAT) in London after a six-year fight against her former employer, global consulting firm Accenture (UK) Ltd.
Pal suffers from endometriosis, a long-term medical condition that causes severe pain and fatigue and affects around 1.5 million women in the UK.
Her case is now being seen as an important moment in how endometriosis may be treated under the Equality Act 2010, which protects employees from disability discrimination
The EAT ruled that an earlier tribunal had failed to properly assess whether Pal’s condition amounted to a disability. It said the reasoning used to dismiss her claim was inadequate and ignored clear medical evidence. The tribunal also did not consider whether her condition would continue to affect her daily life without medical treatment. As a result, the findings that she was not disabled and was not discriminated against were set aside.
Pal also challenged Accenture’s “up or out” promotion model, under which employees who do not progress within a fixed timeframe may face dismissal. The EAT found that dismissing an employee purely on promotion readiness may not qualify as a fair dismissal under the Employment Rights Act 1996. It stressed that capability should be judged on the job an employee is contracted to do, not future roles.
