Sanju Pal v Accenture UK Ltd - An appeal on endometriosis and the corporate consulting model - Category A in the Employment Appeal Tribunal on 9 and 10 December 2025
Sanju Pal v Accenture UK Ltd - An appeal on endometriosis and the corporate consulting model - Category A in the Employment Appeal Tribunal on 9 and 10 December 2025
Sanju Pal, a former manager at global management consulting firm Accenture, where she worked for a decade, has been embroiled in a legal battle that will now reach a hearing before the Employment Appeal Tribunal on 9 and 10 December 2025. Ms Pal was dismissed in 2019 for alleged underperformance linked to not being ready for promotion (‘the progression-based model’) within the required time at level (‘TAL’) whilst she was suffering with endometriosis.
No compensation for unfair dismissal
The Employment Tribunal held in May 2022 that Ms Pal was unfairly dismissed due to procedural failures by Accenture. Ms Pal was dismissed using a procedure that was tailored to misconduct dismissals and not capability dismissals. It was found that there were concerns around the investigation process. There were also concerns that the composition of the dismissal panel was outside the terms of the policy used, as the same people who carried out Ms Pal’s dismissal were involved in the said investigation process.
However, the Tribunal found that there would be no award for Ms Pal’s loss of earnings (‘the compensatory award’) on the basis that if a fair procedure has been used, the same outcome would have been reached. The failure to award loss of earnings is being appealed, alongside the findings that there was no unfairness in dismissing Ms Pal for not being ready for promotion under the progression-based model. One point that will be argued is that prior to dismissal Ms Pal was not placed on a performance improvement plan which appears contrary to one of Accenture’s procedure documents.
Challenging the progression-based model (“up or out”)
Accenture’s progression-based model in the ‘Client & Market’ career track implies that if an employee isn't deemed to be ready for promotion within a certain period of time at their level, they might face dismissal. Ms Pal argues that this model is unfair in law on the basis that the Employment Rights Act 1996 only permits dismissal relating to underperformance in the position the employee held, not on the basis that an employer thinks an employee is not ready for the job at the next level up. This is an extremely important argument as it will significantly affect the management consulting industry where the progression-based model is widely used as a basis to terminate employees.
Disability Discrimination due to Endometriosis
Prior to her dismissal Ms Pal was also suffering from endometriosis, which was diagnosed in September 2018 when Ms Pal underwent surgery for the removal of painful large cysts on her ovaries. Accenture decided to terminate Ms Pal’s employment just 3 months after her phased return to work ended. The Tribunal held that Ms Pal had not proven that her endometriosis had an ongoing substantial effect on her normal day to day activities. It was held also that she had not proved that the substantial effects had lasted or were likely to last more than a year. It was also found that Accenture had no knowledge of disability, nor could it reasonably be expected to have such knowledge.
Ms Pal appeals this decision. Permission to appeal was granted as it is arguable the Tribunal made an error of law in this decision on the basis of the evidence in medical reports, the date of the decision to dismiss and that at the time of Ms Pal’s internal appeal to Accenture in September 2019 she had endometriosis for 12 months. There is documentation to show that a Managing Director at Accenture who was the appeal manager, was aware of Ms Pal’s endometriosis based on what Ms Pal told her and her own investigation into whether endometriosis was a deemed disability.
CrowdJustice fundraising campaign
Ms Pal has launched a crowdfunding campaign on CrowdJustice to support her legal fight against the progression-based model and to confirm that her endometriosis was a disability at the time of her dismissal from Accenture. To provide support for her appeal please go to the following link:
https://www.crowdjustice.com/case/accenture-disability-discrimination-endometriosis/
Ms Pal is represented by Gerard Airey of Kilgannon and Partners LLP and Elaine Banton of 7BR Chambers.
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