Accenture knew I had Endometriosis and terminated my employment

by Sanju Pal

Accenture knew I had Endometriosis and terminated my employment

by Sanju Pal
Sanju Pal
Case Owner
Instead of supporting me with Endometriosis, Accenture UK sacked me after 10 years of employment. Help women with this chronic condition get justice against disability discrimination in the workplace.
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Sanju Pal
Case Owner
Instead of supporting me with Endometriosis, Accenture UK sacked me after 10 years of employment. Help women with this chronic condition get justice against disability discrimination in the workplace.
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Latest: Sept. 12, 2024

Outcome of the 3(10) appeal hearing

Thank you so much for all the support so far. Your messages and pledges mean the world to me and are helping me to keep going in this 'David and Goliath' fight for justice. I am incredibly gr…

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Who am I? 

Hello there, let's start with telling you a bit about me. I consider myself to be a friendly, hardworking and ambitious woman with integrity, from humble beginnings on a council estate in the London Borough of Camden. For almost a decade I worked at global management consulting firm Accenture whilst also running the education charity RISE, which I set up after completing the Teach First graduate programme in London. 

A Senior Manager at Accenture nominated me for the renowned Asian Women of Achievement Awards, which I won. The judges said “Sanju is an inspirational figure…she has ambitions for society and herself, balancing a career at Accenture with her charity RISE. We were inspired by the story of this brilliant young woman who has applied her training as a teacher to improving the lives of children, and inspiring others to volunteer." 

This award led to me being invited to meet Her Late Majesty the Queen at a Reception for 'Youth, Education and the Commonwealth' at Buckingham Palace (see photo above). I was also profiled in the UK’s Department for Business, Innovation and Skills' publication on Inspirational Women in Business, where I talked about my ambition to make Managing Director at Accenture one day.

But just before my 10 year anniversary at Accenture UK, I received a letter that changed the course of my life. It came out of the blue and was simply entitled "Invitation to meetingI was being asked to meet with the Managing Director of my practice area in Financial Services called ‘Talent and Organisation’, specialising in people and culture. 

The letter stated “I must forewarn you that there is a possibility that you may be dismissed”. I felt sick to my stomach. I was confused and in total shock. Just 3 months prior I had completed a phased return to work after having surgery to remove painful cysts on my ovaries caused by Endometriosis, which Accenture knew about.

My HR Reps and Career Counsellor at Accenture were aware that I had endometriosis, a chronic condition affecting around 1.5 million women in the UK, which you can read about on the Endometriosis UK website here. However, instead of supporting me to go for promotion to Senior Manager (SM) and making adjustments for my health issues, they used my condition against me (see email below).


How I was dismissed from Accenture UK

The meeting I had been invited to with the Managing Director, also attended by the Head of HR in Financial Services at Accenture UK, was one of the most awful experiences of my life. The lead up to it was one of indescribable trepidation mixed in with bouts of courage that I could persuade them not to dismiss me. 

I did so much prep and compiled copies of sick notes, occupational health reports and positive feedback from line managers to prove I was a high performer on the path to promotion to Senior Manager, that had been affected because of extended sick leave. I tried to save the job that had become my life and my identity. But sadly my faith in this organisation, which I had given my heart and soul to for almost 10 years, was to be shaken.

In the meeting I was told that I was being terminated for poor performance yet I had not been put on a performance improvement plan. I had been excelling in my role (see below) but neither the Managing Director nor HR had taken any feedback from my line manager. 

No adjustment had been made to key metrics (TAL - Time At Level, and Chargeability), to take into account my sick leave, phased return and role restrictions after the operation I had due to endometriosis. I told them of the challenging time I was having with my health. They told me that I was terminated with immediate effect.

The termination letter I received minutes after the meeting did not state any reasons for my dismissal. It also did not inform me of the right to appeal the decision or refer to the policy that was being followed. When I asked the HR Director to share the relevant policy she replied "There isn't actually a performance achievement policy - it's more of a framework." Accenture did not put me through a disciplinary procedure for misconduct yet after my dismissal they began referring to the meeting as a 'disciplinary hearing'.

I submitted an appeal letter 1 week after I was terminated. I still had a degree of faith that the decision could be overturned by an independent panel. Ahead of my internal appeal hearing I submitted a 15 page statement which the panel had not read. I asked them to adjourn the hearing to read it but they refused. I was then grilled for 2 hours - it was worse than the termination meeting. That night I had my first panic attack. 

After enduring a 2 month wait, I received the outcome of my appeal. The Managing Director who had chaired the appeal panel stated "I have concluded that the original decision of dismissal on the grounds of poor performance should be up-held and that the process used to arrive at this decision was fair and consistent with the company’s Disciplinary and Appeals Policy ". I could not believe this was the finding when I had not ever been told that I was under disciplinary action. It was devastating. 

So with the support of my dad, mum and sister (see photo below), I took Accenture UK to Employment Tribunal.


Taking Accenture UK to Employment Tribunal

I could never have imagined the emotional and mental challenge that followed in pursuing legal proceedings. I worked closely with my lawyer at every stage of the case, from writing the particulars of claim and reviewing key documents to preparing for multiple preliminary hearings. I analysed around 3000 pages of evidence, wrote a 10 page Disability Impact Statement, wrote a 150 page witness statement, reviewed 164 pages of Accenture's witness statements and input into our cross-examination strategy. 

It was an agonising battle all the way to a 9 day hearing at Employment Tribunal in May 2022, having turned down a settlement offer on principle. I experienced a gruelling 2 days on the witness stand and heard dubious testimony from 6 witnesses at Accenture, including 3 Managing Directors, which the Ham & High newspaper reported on. The cover photo above, by Archant, is of me outside the London Central Employment Tribunal at Victory House in Holborn.

The Judgement makes for difficult reading but I won my claim for Unfair Dismissal and share a key paragraph regarding Accenture UK (the Respondent):

“We are surprised, given that the respondent is a large and well- resourced employer, that this discrepancy between policy and practice exists. Going forwards, we think that the respondent would be well advised to put in place for performance dismissals a policy which actually reflects the approach it takes... We therefore consider that that non-alignment was not only unreasonable but also renders the dismissal unfair.”

However, despite winning my claim for Unfair Dismissal, my compensation was reduced by 100% and my claim for Disability Discrimination failed so I am appealing to the Employment Appeal Tribunal. 


Next steps in the case

When the Employment Appeal Tribunal reviews an appeal, it does what is known as a sift. If an appeal doesn’t pass the sift, then it is possible to request for an Employment Appeal Judge to hear why the appeal should be allowed to proceed. This is the stage we are at and it is vital to succeed in this hearing, known as a 3(10) hearing, on 5 September 2024. 


How you can help

I am asking for your help to initially raise £15,000 on CrowdJustice to cover the costs of my legal team to prepare for and attend the 3(10) appeal hearing on 5 September 2024. 

Over the last 5 years I have privately funded all expenses related to the case but to continue this fight for justice and change workplace procedures for employees with endometriosis, I now need your financial help in this 'David and Goliath' type battle against Accenture UK.


Summary of the case

I am appealing against the decision of the London Central Employment Tribunal. It was decided that I was unfairly dismissed but a 'Polkey reduction' of 100% was made to my compensatory award. The Tribunal found that the failures in procedure would not have made a difference to the termination of my employment, despite Accenture not having used a fair capability process when dismissing me. The only compensation that was agreed was a Basic Award for Unfair Dismissal of £4,725, which remains unpaid by Accenture.

I have sciatica, asthma and endometriosis, which was diagnosed after having surgery that was debilitating. I was on sick leave and then a phased return which ended just 3 months before I was sent the letter about dismissal. Endometriosis is a chronic condition the symptoms of which I was struggling with prior to my dismissal, yet I was found not to be disabled in law due to this condition. We want to challenge that my endometriosis is a disability.

The Tribunal found that Accenture had no knowledge of my endometriosis, but this isn’t consistent with the occupational health report or an email from a Managing Director to Employee Relations. They sent an email (see below) on 30 October 2019 after conducting my Appeal Hearing which shows that there was actual and constructive knowledge of my disability.

For much of the period that my performance was assessed over, I was on sick leave or phased return and suffering from abdominal pain, irregular bleeding, fatigue and frequent micturition amongst other symptoms, due to my endometriosis. We want to argue that this affected my dismissal under section 15 of the Equality Act 2010, which is ‘discrimination arising from disability’. My case could be a turning point in the treatment of women with endometriosis in the workplace.

Accenture operates on a 'progression-based model' ("up or elsewhere"). If you are not ready for promotion from your select peer group within a specific timeframe, known as TAL (Time At Level), you can be dismissed. This is the case even when you've been off sick or on a phased return as metrics such as TAL and chargeability are not adjusted (see email below). 

The Tribunal held that that not demonstrating readiness for promotion within the defined time period was underperformance. In everyday life people aren’t judged on their ability to perform a job at the next level up, they are judged against their ability to do their current job. With the help of my legal team, I want to challenge the fairness of this cutthroat model which exists in the consulting sector. 

I would really appreciate your support in my case. It is an important battle for women with endometriosis and employees in consulting firms. 

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 life long condition. 

Endometriosis developments in the UK

Here is a timeline on action taken by the government to raise awareness of endometriosis as a condition, to understand the impact it can have on a woman's life and to recommend support that should be provided in the workplace to women with endometriosis:

April 2018: The All-Party Parliamentary Group (APPG) on Endometriosis was launched to raise awareness of endometriosis in Parliament. Read more here.

October 2019: The House of Commons prepared a Research Briefing 'Endometriosis Workplace Support', download it here

October 2019: Alec Shelbrooke MP led a Parliamentary debate on endometriosis and workplace support, sharing stories of women in response to a digital survey from the House of Commons calling for public contributions.

October 2020: A published inquiry by the APPG on Endometriosis highlighted the impact endometriosis can have on all aspects of a person’s life. Read the report here.

November 2021: The Petitions Committee scheduled a debate on a petition relating to research into endometriosis and polycystic ovary syndrome. See the debate here or read the transcript here.

December 2021: Endometriosis UK provided written evidence on health assessments for benefits from the Department for Work and Pensions. Read the document here.

February 2022: The House of Commons considered the matter of supporting people with endometriosis in the workplace. Read the transcript of the debate here.

July 2023: The Women and Equalities Committee launched a new inquiry to understand the challenges women face during diagnosis and treatment of reproductive health issues including endometriosis. Read more here.

May 2024: The House of Commons considered the matter of endometriosis education in schools. Read the transcript of the debate here.


Life since I was dismissed from Accenture UK

The past 5 years, since my employment was terminated, have been extremely challenging for me. At times very dark. For a long time after my dismissal I did not feel able to talk about it. I felt so ashamed. These feelings of humiliation and fear were compounded by the character assassination that Accenture used throughout legal proceedings. Their lawyers also made repeated references to a 'costs application' to pay their legal costs, so that I would withdraw my case. I found this very difficult to deal with. 

Since my dismissal I have struggled with insomnia and panic attacks at night. I suffered from oedema, swelling of my face, due to poor sleep caused by the stress of the disclosure process, which is when thousands of pages of evidence was exchanged between me and Accenture for the first time.

I experienced severe depression due to the sudden termination of a job that defined my identity and self worth. Writing my story on CrowdJustice is something I am able to do now only because of the work I have consistently done to improve my mental health. I continue to have counselling to build back my resilience and confidence.

I have tried to move forward with my life. I applied for a scholarship to study a Master of Arts in Law part-time at the University of Law and worked hard to pass with Distinction last year. This year I plucked up the courage to launch Something for the Soul, my new podcast where Founders and CEOs of social enterprises in education across the globe lean into their vulnerability and share a challenge they have worked through. 

I have also continued in my role as Trustee of RISE, leading the charity through the pandemic, for which I was recognised by the Teach for All Global Learning Lab, to its recent 15th year anniversary which we marked with this video of our vision for literacy in rural India. 

However, I remain unemployed on 'Employment & Support Allowance' due to my long term medical conditions. Accenture terminating my employment in the manner that they did has had a huge detrimental affect on my life that I would not wish for anyone. 

Please make a donation to help me to keep going with this case, it's the only way to ensure that well resourced employers like Accenture follow policies to support their employees rather than dismissing them. Your donations will help in this fight against disability discrimination so that other women with endometriosis do not suffer the same fate as me.

Thank you for reading

I am truly grateful to you for reading about my case. Please do make a contribution, and share this page with your friends and colleagues so that they can consider making a pledge too. Your donations will help so much and they go directly to the law firm representing me.

You can subscribe to updates on my case by clicking Yes to 'Keep me updated' when you make a pledge.

We are stronger together. If you are affected by anything I've written and would like to contact me please feel free do so via email at [email protected], through my LinkedIn page here or on Instagram.

Thank you so much,

Sanju

Update 1

Sanju Pal

Sept. 12, 2024

Outcome of the 3(10) appeal hearing

Thank you so much for all the support so far. Your messages and pledges mean the world to me and are helping me to keep going in this 'David and Goliath' fight for justice. I am incredibly grateful to every one of you who has read my story of unfair dismissal and discrimination by Accenture, where I worked for 10 years. It has been a challenging journey appealing the Employment Tribunal judgement from May 2022, when I won my claim for Unfair Dismissal but my compensation was reduced by 100% and my claim for Disability Discrimination failed.

I’m pleased to tell you that the 3(10) hearing at the Employment Appeal Tribunal (EAT) on 5 September 2024 went well. The EAT allowed our 3 grounds of appeal to proceed to a full appeal hearing. These are:

  1. It is arguable that the Tribunal made an error by making a 100% 'Polkey reduction' to my compensation for Unfair Dismissal;
  2. It is arguable that the 'progression-based model' may be unlawful (I will explain this further below); and
  3. There are arguable grounds to challenge the Tribunal's decision that my dismissal did not amount to discrimination arising from disability due to endometriosis


Progression-based model (“up or elsewhere”)

Accenture have a model in a part of the business called the ‘Client & Market track’ that effectively means if you aren’t ready for promotion after a certain amount of time you can be dismissed. I was told by the Managing Director who decided to dismiss me that “we look at the behaviours at the next level up… that’s not about you being a bad person or a bad performer in the role you are in now…”. We are arguing that you can’t be dismissed for not being ready for promotion. You can only be dismissed for underperforming in the role you are doing. We believe that the Employment Rights Act doesn’t allow a progression-based model dismissal.


Disability Discrimination due to Endometriosis

The progression-based model is also relevant when it comes to disability discrimination. No adjustment had been made to key metrics to take into account my sick leave, phased return and role restrictions after the operation I had due to endometriosis. It is arguable that I should have been found to be disabled due to endometriosis at the time of my dismissal. If I win that doesn’t mean that everyone who has endometriosis will be deemed to be disabled, but it would be a huge step in the right direction for women suffering with this chronic condition to be recognised and adequately supported in the workplace. My case is important as there are only a limited number of endometriosis cases that have progressed to the Employment Appeal Tribunal.


Category A case in the EAT

The Employment Appeal Tribunal have listed my case as Category A, which I believe means it could be a landmark case. There may be thousands of former Accenture employees who believe they have been unfairly dismissed for not being ready for promotion, but were doing their day to day role really well. We have a chance to establish that this is wrong and to stop this type of unfair treatment in the consulting sector.

Thank you to my solicitor Gerard Airey at Kilgannon & Partners and barrister Elaine Banton of 7BR Chambers who are representing me. It was great to have the support of my family and friends in the courtroom. My local newspaper, Ham & High, reported on it here.


Please make a donation

You can read about my journey thus far and why I have set up this CrowdJustice page in the 'About' tab. The next stage of legal proceedings is a full Employment Appeal Tribunal Hearing with the Respondent, Accenture UK Limited. I need your help to get there.

So this is a shout out to those of you in the consulting sector who feel the progression-based model meant you were dismissed unfairly or you are currently being deemed as underperforming due to not being ready for the next level. Any donation could help us to challenge this cutthroat culture and potentially lead to others not being dismissed in the same way in the future. 

To those suffering with endometriosis, or with loved ones with this condition, I hope you can support me in my fight to show that it is not ok for a woman to suffer discrimination because they have endometriosis. Any donation will be gratefully received and could lead to a huge landmark impact.

Please do make a donation and share this page with your friends and colleagues, particularly if you know someone in consulting or with endometriosis, so that they can consider making a pledge too. I still need to raise £15,000 to cover the legal costs incurred for preparing and attending the 3(10) hearing. I will also need to raise around £20,000 for the final EAT hearing, which is likely to take place next year. 

If you make a donation I hope you will let me know via email at [email protected], through my LinkedIn page here or on Instagram @sanjuthinks - it is really important to me to say thank you as you are making such a difference by pledging your support and enabling me to keep going with my case.

Onwards and upwards, my secondary school Camden School for Girls’ motto that I carry with me always. Together, let’s try and bring about some positive change.

Thank you so much,

Sanju

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