She was dismissed from her role as a manager at Accenture (UK) Ltd in 2019 after failing to be promoted to senior manager.

NRI Woman’s UK Court Battle Over Chronic Illness Could Redefine Workplace Fairness

A 41-year-old non-resident Indian (NRI) originally from West Bengal, Sanju Pal is advancing a landmark legal challenge in the United Kingdom that could transform how chronic illnesses are treated in the workplace under British law. Her case, which is now before a High Court Appeal Tribunal in London, addresses both disability discrimination and the fairness of corporate performance policies, highlighting systemic issues faced by women with chronic health conditions.

Pal suffers from endometriosis; this chronic condition causes debilitating pelvic pain and affects an estimated 1.5 million women in the UK. She was dismissed from her role as a manager at Accenture (UK) Ltd in 2019 after failing to be promoted to senior manager. Represented by law firm Kilgannon & Partners, she argued that her dismissal was based not on her ability to perform her current role but on not being deemed “ready for the next level”, a practice she says is unfair and discriminatory.

Under the UK’s Equality Act 2010, employers must reasonably accommodate employees with disabilities. However, an earlier employment tribunal held that Pal’s endometriosis did not meet the legal definition of a disability, a finding she is now challenging on appeal. She told the tribunal that while she struggled with symptoms prior to her dismissal, she was erroneously judged not to be disabled in law. Her legal team contends this could be a pivotal test case for how chronic conditions like endometriosis are treated in employment law.

Pal also contests the so-called “up or out” model widely used in consulting firms, where employees who are not promoted within a set period may be compelled to leave. Her lawyers argue that under the Employment Rights Act 1996, dismissals should only relate to performance in the employee’s current position, not speculative readiness for advancement, as stated during court proceedings. This argument, if upheld, could significantly impact the UK management consulting industry and beyond.

In 2022, a tribunal upheld her claim of unfair dismissal and awarded her a basic award of £4,275 but rejected her disability discrimination claim. The high court appeal hearing concluded on December 9, and a judgement is expected in the coming weeks.

Pal, recognised with the UK Prime Minister’s Points of Light Award for her charity work with Rural India Social Enterprise (RISE), said her fight is about more than just her case: it’s about ending unfair practices and ensuring rights for employees with chronic health conditions are protected.

Accenture (UK) has maintained that its treatment of Pal was lawful but had no additional comment at the time of reporting.

Source: The Tribune