UK Tribunal Rules in 'Hidden' Disability Case

- The case involved Sanju Pal, a former manager at the consulting firm Accenture, who was dismissed in 2019 for alleged underperformance shortly after returning from sick leave for surgery related to severe endometriosis. The Employment Appeal Tribunal (EAT) found the original tribunal's dismissal of her disability discrimination claim to be "wholly inadequate," ordering the case to be reheard by a new tribunal. - Under the UK's Equality Act 2010, a condition like endometriosis is considered a disability if it has a "substantial and long-term adverse effect" on a person's ability to carry out normal day-to-day activities; "long-term" is defined as lasting or likely to last for at least 12 months. A formal diagnosis is not required to be protected under the act. - The EAT judgment criticized the initial tribunal for not properly assessing the ongoing impact of the condition and for failing to consider how medical treatment might affect the employee's ability to perform daily activities. This reinforces that the focus should be on the effect of the impairment, not just the diagnosis. - The Equality Act 2010 legally requires all UK employers and education providers, including universities, to make "reasonable adjustments" for individuals with disabilities. This ruling strengthens the legal expectation for institutions to proactively support employees and students with fluctuating or hidden conditions. - For higher education institutions, this precedent underscores the legal duty to anticipate and remove barriers for both staff and students. Reasonable adjustments can include flexible working arrangements for staff or extended exam times and alternative formats for course materials for students. - The ruling also challenged the legality of Accenture's "up or out" promotion model, where employees could be dismissed for not being ready for promotion. The EAT affirmed that capability for dismissal must relate to the work the employee was hired to do, not their readiness for a higher-level role. - A 2024 report from the Office for Students revealed that only 38% of disabled students who declared their disability felt they had the necessary adjustments to access their studies on equal terms. This highlights a significant gap in compliance that cases like this may help to narrow. - This legal development is significant for UK higher education, where nearly one in five undergraduate students reports having a disability. It reinforces the institution's responsibility to foster an inclusive environment and properly handle requests for accommodation for non-visible disabilities.