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NRI Woman Secures Landmark UK Appeal for Workplace Rights
In a significant ruling, Sanju Pal, a non-resident Indian from West Bengal, has won a landmark appeal in the High Court of London, marking a pivotal moment for workplace rights regarding women with chronic illnesses. After a six-year legal battle, the Employment Appeal Tribunal (EAT) ruled on Monday that the previous tribunal’s assessment of disability discrimination linked to endometriosis was insufficient, setting new precedent under the UK’s Equality Act 2010.
Legal Battle Against Discrimination
Pal, who has been diagnosed with endometriosis, challenged a controversial employment model employed by Accenture (UK) Ltd. This “up or out” system allows employees to be dismissed if they are not promoted within a certain timeframe. Pal contended that this model was unfair and inconsistent with the UK’s Employment Rights Act 1996.
Her legal representation, provided by Kilgannon & Partners, expressed satisfaction with the ruling. They highlighted the EAT’s conclusion that the initial tribunal’s reasoning was “wholly inadequate,” particularly regarding how endometriosis affects daily activities.
“Her evidence that she was affected by endometriosis was supported by the medical evidence,” the EAT judgment stated.
The EAT emphasized that the previous tribunal failed to adequately consider whether Pal’s condition would continue to adversely affect her ability to perform normal daily tasks without medical treatment. The case will now be referred to a newly established tribunal for a comprehensive reassessment of Pal’s disability status.
Background of the Case
Pal’s legal troubles began in 2019 when she was dismissed from her managerial position at Accenture after not securing a promotion to senior manager. Although an Employment Tribunal upheld her unfair dismissal claim in May 2022, the compensation awarded—only £4,275—was seen as insufficient.
The recent EAT ruling has prompted a fresh review of her compensation, taking into account whether Accenture would have reached a different decision had it adhered to its own policies during the investigation process. The tribunal’s previous conclusions regarding Pal’s disability and discrimination claims were deemed unsustainable.
According to Kilgannon & Partners, the EAT clarified that an employee’s dismissal must relate to their capability regarding the specific work they were hired to perform, rather than broader progression metrics. This aspect of the ruling challenges the fairness of the “up or out” model that allows for termination based solely on promotion outcomes.
The appeal hearing took place on December 9, 2025, with the panel, led by Judge James Tayler, noting that the previous tribunal had expressed an “extremely adverse view” of Pal.
Impact of the Ruling and Personal Reflections
Pal self-funded her legal battle through an online CrowdJustice campaign. She is also known for her significant contributions to community service, having received the UK Prime Minister’s Points of Light Award for founding the Rural India Social Enterprise (RISE), an educational charity supporting vulnerable communities in both the UK and rural India.
Reflecting on the outcome of her appeal, Pal stated, “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.”
In response to the ruling, Accenture (UK) Ltd stated that it is unable to comment on ongoing legal matters. This case not only highlights the challenges faced by individuals with chronic illnesses in the workplace but also underscores the importance of equitable treatment and fair employment practices.
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