A non-resident Indian professional from West Bengal has achieved a landmark legal victory in the UK High Court after battling for six years to establish workplace protections for women with chronic illnesses. Sanju Pal’s successful appeal against global consulting giant Accenture is poised to reshape how endometriosis is recognized as a disability under UK employment law.
Court Overturns Previous Tribunal Decision
The Employment Appeal Tribunal (EAT) ruled on Monday that the original Employment Tribunal’s handling of Pal’s disability discrimination claim was fundamentally flawed. According to law firm Kilgannon & Partners, which represented the 41-year-old professional, the EAT found the previous tribunal’s reasoning “wholly inadequate” and overturned the decision.
Judge James Tayler, leading the appeal panel, noted that medical evidence clearly supported Pal’s claims about being affected by endometriosis. The original tribunal had failed to properly assess whether the condition would continue impacting her ability to perform normal day-to-day activities without medical intervention.
The Six-Year Legal Journey
Pal’s ordeal began in 2019 when Accenture (UK) Ltd dismissed her from her managerial position, citing underperformance after she did not advance to senior manager level. She subsequently filed a claim at an Employment Tribunal, which ruled in her favor on unfair dismissal grounds in May 2022. However, the tribunal awarded her merely £4,275 as compensation.
The case brought to light Accenture’s “up or out” progression model, where employees who fail to demonstrate readiness for promotion within specified timeframes face potential dismissal. Pal challenged this system as unfair under the Employment Rights Act 1996.
Groundbreaking Implications for Employment Law
The EAT’s ruling carries significant weight for future disability discrimination cases. The tribunal determined that Pal was not disabled and had not been subjected to discrimination arising from disability—conclusions that the appeal court found could not stand.
Key findings include:
The original tribunal improperly disregarded medical evidence supporting Pal’s endometriosis diagnosis and its impact on her work capabilities. The assessment failed to consider long-term effects of the condition on daily activities. The “up or out” progression-based dismissal model may not constitute a fair reason for termination under capability grounds, as it doesn’t align with the contractual work requirements.
The EAT clarified that employees can only be dismissed for capability issues directly related to work specified in their employment contract, challenging the validity of promotion-based dismissal systems.
Understanding Endometriosis in the Workplace
Endometriosis, a painful chronic condition affecting the pelvic region, impacts approximately 1.5 million women across the UK. Pal’s case represents a critical step toward establishing clearer protections for employees managing this and similar chronic health conditions.
The case will now return to a newly constituted tribunal for complete reconsideration of the disability discrimination claims and compensation assessment. The new tribunal will examine whether proper procedures were followed, including whether Accenture conducted independent investigations before proceeding with Pal’s dismissal.
Social Impact Beyond the Courtroom
Beyond her legal advocacy, Pal has made significant contributions to education through her work as founder of Rural India Social Enterprise (RISE). Her efforts earned her the UK Prime Minister’s Points of Light Award for improving educational opportunities in the UK and rural India.
Reflecting on the verdict, Pal said: “It has been such an uphill battle to get to this point and I cannot believe that it’s all over. I have kept going so that unlawful practices in the workplace stop and so that employees with chronic health conditions are better supported and have their rights protected.”
Road Ahead
The appeal hearing, which took place on December 9, 2025, was funded through a CrowdJustice campaign that Pal launched online. With all grounds of appeal upheld, the case now moves to a fresh tribunal for comprehensive review.
Accenture (UK) Ltd declined to provide comment, stating it cannot discuss ongoing legal matters.
This precedent-setting case under the Equality Act 2010 is expected to influence how UK employers address disability discrimination claims involving chronic illnesses, particularly endometriosis, ensuring better workplace support and legal protections for affected employees.
