A former employee at a UK consulting giant has won her employment appeal tribunal case against her former employers – a potentially landmark first step in outlawing discrimination against endometriosis and other gynaecological issues in the workplace.
Last month, a senior employment law judge sensationally quashed the tribunal’s original 2022 ruling, which rejected claims made by Sanju Pal, 43, against consulting goliath Accenture.
They found that the original ruling, which Pal previously referred to as a ‘character assassination’ against her, did not properly assess whether her endometriosis case amounted to a disability under the 2010 Equality Act, mischaracterised her reasons for dismissal, and lacked evidence for its claims.
Previously, Pal 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 endometriosis.
For Pal, however, the fight is not over, as the new judgment ruled that a fresh employment tribunal will reconsider her claims, and Accenture reserves the right to appeal.
But this has done nothing to stop the former endometriosis sufferer revelling in the fact that the justice system has finally listened to her.
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”.
Once a case that went under the radar, her story has blown up since the positive appeal judgement, and she has appeared on BBC News and Radio, as well as ITV News.
“I’m not surprised my case is making waves in the media”, commented Pal, “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”.
“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”.
For Pal, who also mentioned a government petition to introduce menstrual leave in the workplace for those with endometriosis & adenomyosis, due to be debated in parliament, far more needs to be to acknowledge the painful reality of endometriosis discrimination in the workplace.
Pal 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”.
Accenture did not respond to comment.
Readers can watch Sanju Pal being interviewed by BBC London here.
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