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Indian-origin woman in UK wins unfair dismissal case against Accenture
The tribunal reversed a previous ruling granting her a full hearing in the case.
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Anushka Pathak - Fri, 13, Feb 2026
- 14:32 EST
- 22
Sanju Pal / Courtesy: CrowdJustice
The UK Employment Appeal Tribunal (EAT) overturned key aspects of a prior ruling in an Indian-origin woman’s case against Accenture, reinstating her unfair dismissal and disability discrimination claims and ordering a full rehearing.
The appeal centers on the dismissal of Sanju Pal in Nov. 2019 under Accenture’s progression-based “up or out” model, after she was assessed as not “promotion ready” to senior manager. Pal had been managing severe endometriosis, a chronic condition causing abdominal pain, fatigue, irregular bleeding, and recovery from surgery.
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In 2022, at the Employment Tribunal, Pal succeeded in her unfair dismissal claim. However, compensation was reduced by 100 percent on Polkey grounds, and her disability discrimination claim was dismissed after the tribunal concluded there was insufficient evidence of long-term substantial effects beyond surgical recovery and that Accenture lacked adequate knowledge of disability.
The recent win comes after Pal challenged the Polkey reduction, the application of the “up or out” model without adjustments for disability, and the finding that her condition did not qualify as a disability. The EAT allowed the appeal in full, describing the tribunal’s disability analysis as “wholly inadequate” and stating that the section 15 discrimination claim required fresh assessment.
It also held that capability for unfair dismissal should focus on performance in the current role, not future promotion prospects, particularly where health issues are involved. The case has been remitted to a new employment tribunal for rehearing.
Pal, an award-winning management consultant in Talent and Organization within Accenture’s Financial Services practice, joined the firm in 2009 and was promoted to manager in 2013. She specialized in people and culture, founded the education charity RISE after completing the Teach First graduate program, and received the Asian Women of Achievement Award in 2013.
She underwent surgery in 2018-2019 to remove ovarian cysts, followed by sick leave and a phased return to work. Accenture was aware of her condition through HR communications, occupational health reports, and an email from a managing director in Oct. 2019. No performance improvement plan was implemented before her dismissal, and metrics such as chargeability and time at level were not adjusted to account for her absences.
On her CrowdJustice page, Pal wrote, “Having the courage to speak up about how Accenture treated me has already created change by ensuring they now implement a coherent policy for performance dismissals so that employees are treated fairly. Continuing my case has the power to make a change in the workplace for women suffering with endometriosis, which is a lifelong condition.”
Accenture has not publicly commented on the EAT decision.
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