Could Being Sacked for Endometriosis Lead to Shame?

Sanju Pal's story highlights the challenges faced by employees with endometriosis, particularly in the workplace. After a successful career, she found herself dismissed when her health condition affected her performance. Following a significant employment appeal tribunal, her case has the potential to reshape how employers treat similar disabilities in the UK.

Last updated: 30 October 2023 (BST)

What’s happening now

Sanju Pal's recent victory in an employment appeal tribunal could have far-reaching implications for women suffering from endometriosis in the UK. Her case emphasises the need for greater awareness and sensitivity towards disabilities in the workplace, particularly conditions that may not always be visible but significantly impact day-to-day functioning. As the conversation around women's health and workplace rights evolves, Sanju's experience sheds light on the systemic issues that can arise when health issues intersect with employment.

Key takeaways

Sanju Pal's tribunal highlights potential discrimination against employees with endometriosis.
Endometriosis affects approximately one in ten women in the UK.
The condition can result in significant physical and emotional challenges, impacting work performance.
Pal's case may help to redefine endometriosis as a disability under the Equality Act 2010.
Increased awareness is needed in workplaces regarding women's health issues.

Timeline: how we got here

The following timeline outlines key events in Sanju Pal's journey and the broader context of endometriosis awareness:

2017: Sanju Pal is diagnosed with severe endometriosis.
2018: After surgery and recovery, she returns to work but struggles with performance targets.
2018: Pal is dismissed from her job at Accenture after failing to meet performance metrics.
2022: An employment tribunal rules in her favour but does not award compensation.
January 2026: The Employment Appeal Tribunal finds that Pal was discriminated against due to her disability.

What’s new vs what’s known

New today/this week

Sanju's recent victory in the Employment Appeal Tribunal marks a significant development in recognising how disabilities like endometriosis can affect employment. The tribunal's decision reinforces that employers must consider the implications of such conditions when assessing employee performance.

What was already established

Endometriosis has long been recognised as a debilitating condition affecting many women, yet it has not been consistently acknowledged as a disability in employment contexts. Sanju's case brings renewed attention to this oversight, advocating for better protections under existing laws such as the Equality Act 2010.

Impact for the UK

Consumers and households

The recognition of endometriosis as a disability could lead to improved workplace policies that accommodate affected employees. This may include flexible working arrangements, better health support, and a culture that encourages open discussion about women's health issues, ultimately benefiting households by reducing the stigma associated with such conditions.

Businesses and jobs

For businesses, this case could lead to stricter compliance requirements regarding discrimination laws. Companies may need to reassess their policies and training programmes to ensure they adequately support employees with disabilities, thus fostering a more inclusive work environment.

Policy and regulation

As the conversation around women's health continues to evolve, policymakers may consider reviewing existing legislation to enhance protections for those with endometriosis. This could result in new guidelines or amendments to the Equality Act 2010 to better address the needs of affected individuals.

Numbers that matter

1 in 10: The estimated number of women in the UK affected by endometriosis.
7.5 cm: The size of one of Sanju's cysts, illustrating the severity of her condition.
10 years: The length of Sanju's career at Accenture before her dismissal.
2: The number of employment tribunals Sanju navigated in her fight for justice.
2026: The year the Employment Appeal Tribunal ruled in Sanju's favour, potentially setting a precedent.

Definitions and jargon buster

Endometriosis: A medical condition where tissue similar to the lining of the uterus grows outside it, causing pain and other complications.
Equality Act 2010: A UK law that consolidates anti-discrimination legislation, protecting individuals from unfair treatment based on disability, among other characteristics.
Employment tribunal: A legal body that resolves disputes between employers and employees in the UK.

How to think about the next steps

Near term (0–4 weeks)

For affected individuals, it is vital to seek medical advice and support to manage the symptoms of endometriosis. Additionally, understanding your rights under the Equality Act 2010 can empower employees facing discrimination.

Medium term (1–6 months)

Employers should consider reviewing their policies to ensure they are inclusive and supportive of employees with disabilities. Training on disability awareness, including conditions like endometriosis, can foster a more understanding workplace culture.

Signals to watch

Changes in workplace policies regarding health and disability support.
Updates from legal bodies regarding discrimination laws and their enforcement.
Increased public discourse around women's health and disabilities.

Practical guidance

Do

Seek medical support and keep records of your condition and any relevant communications with employers.
Familiarise yourself with your rights under the Equality Act 2010.
Engage in open conversations about health issues with HR and management.

Don’t

Ignore symptoms or delay seeking help.
Assume your employer understands your condition without clear communication.
Let stigma prevent you from advocating for your rights.

Checklist

Have you documented your health condition and its impact on your work?
Do you understand your rights under the Equality Act 2010?
Have you communicated your needs with your employer or HR?
Are you aware of support groups or resources available for women with endometriosis?
Have you sought advice from legal professionals if you feel discriminated against?

Risks, caveats, and uncertainties

While Sanju's case is a significant step forward, there are still uncertainties regarding how widely this ruling will influence other employment cases involving endometriosis. Variability in individual experiences and employer responses may result in inconsistent outcomes. Furthermore, the legal landscape surrounding disability rights is complex and subject to change, making it crucial for individuals to seek tailored advice.

Bottom line

Sanju Pal's journey underscores the importance of recognising endometriosis as a serious health condition that warrants the same protections as other disabilities. As the conversation progresses, both employees and employers must work towards creating an inclusive environment that acknowledges and accommodates the challenges posed by such conditions.

FAQs

What is endometriosis?

Endometriosis is a condition where tissue similar to the uterus lining grows outside the womb, leading to pain and potential complications. It affects approximately one in ten women in the UK.

How does endometriosis affect employment?

Endometriosis can significantly impact an individual's ability to perform at work due to pain and fatigue, which may lead to discrimination or dismissal if not managed appropriately by employers.

What can I do if I feel discriminated against at work due to a health condition?

If you feel discriminated against, document your experiences, communicate with HR about your rights under the Equality Act 2010, and consider seeking legal advice if necessary.