Tribunal ruling puts ‘up or out’ employment policies under scrutiny

Tribunal ruling puts ‘up or out’ employment policies under scrutiny


A recent Employment Appeal Tribunal ruling in favour of Sanju Pal, a former Accenture manager diagnosed with endometriosis, has brought renewed focus on the lawfulness of so-called “up or out” performance policies used by many professional services firms.

The appeal judgment criticised the original tribunal’s handling of both disability and justification issues. The judgment indicates that employers making dismissals based on assessment of readiness for promotion, without the employee having carried out the work for the role above, will struggle to show that decision is fair.


Employment law specialists have noted that dismissing employees on capability grounds linked to future roles, rather than the role they currently perform, can be a high-risk strategy. The ruling also underscores the importance of tribunals engaging fully with medical evidence and the lived impact of conditions such as endometriosis.


👉 Read the full Times article here:
https://www.thetimes.com/article/53105b24-8e55-4d52-83f9-c16cf477edab


Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.


We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

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