Endometriosis-sufferer wins landmark tribunal case on workplace discrimination

A former Accenture employee has won an appeal tribunal ruling after a judge said her endometriosis may amount to a disability under the Equality Act 2010.

A senior employment law judge last month quashed a 2022 tribunal decision that rejected claims brought by Sanju Pal, 43, against the consulting firm.

The judge found the original ruling did not properly consider whether Pal’s endometriosis, a condition where tissue similar to the womb lining grows elsewhere and can cause chronic pain, amounted to a disability under the Equality Act 2010.

The decision also said the ruling mischaracterised her reasons for dismissal and lacked evidence for some claims.

Pal has previously described how Accenture terminated her contract in 2019 despite her having a “cyst the size of a Coke can” on one of her ovaries, in what was a severe and chronic case of the condition.

For Pal, however, the fight is not over. The judgement ordered a fresh employment tribunal to reconsider her claims, and Accenture reserves the right to appeal.

The case has drawn attention since the appeal decision, with Pal appearing on BBC News and Radio as well as ITV News.

Pal said: “Whilst my faith was shaken after the initial employment tribunal, this judgement has restored it somewhat.

“Luckily, I got an appeals judge who finally heard me.

“A line one of my close friends said was ‘the system failed Pal’. Oh my God, just to hear and see that.”

She added: “I’m not surprised my case is making waves in the media, as there is no other case in the UK that has gone to this level of court, for a respondent that refused to concede.

“Of course it’s going to gain traction now, and I think women are absolutely outraged that this could be possible.”

Emma Cox, head of Endometriosis UK, suggested on BBC Radio 5 Live that Pal’s case will make a “real difference”.

She said: “It yet again highlights that endometriosis and its impact are not properly understood in the workplace, and the appeal ruling makes it quite clear that those living with endometriosis may be protected, and it should be considered.

“I also hope it gives a push to our campaigns, one of the things we are pushing for is to have menstrual health included in the employment’s rights act.”

Pal, who also referenced a government petition to introduce menstrual leave for those with endometriosis and adenomyosis, a related condition where tissue grows into the muscular wall of the womb, due to be debated in parliament, said far more needs to be done to acknowledge the reality of workplace discrimination.

She commented: “Those with endometriosis are hearing from their employer: ‘What do you mean you can’t come into work? What do you mean you can’t do this shift’? Or ‘what do you mean that you need to take time off for X, Y and Z?’

“It’s happening every day across this country to millions of women, and that’s just endometriosis before you start talking about other conditions.”