UK: Disability Discrimination: Substantial and Long-Term Adverse Effect
Authors: Stephen Miller, Corinna Harris, and Sophie Jackson
A recent Employment Appeal Tribunal decision considers a disability discrimination claim brought by an employee with endometriosis.
Ms Pal worked for Accenture from 2009 to 2019, progressing from analyst to manager. In 2018–19 she experienced significant ill‑health and underwent surgery for endometriosis. Although she returned to work on a phased basis, her employment was terminated a few months later.
She subsequently brought claims for unfair dismissal and discrimination arising from disability. To succeed in her disability claim, she needed to show that her endometriosis had a substantial and long-term adverse effect on her day-to-day activities.
The Tribunal upheld Ms Pal’s unfair dismissal claim but dismissed her disability discrimination claim.
On appeal, the EAT found that the Tribunal had failed properly to assess whether she was disabled. It had discounted her evidence, overlooked supporting medical evidence and relied on irrelevant comments about other women’s experiences of endometriosis.
The EAT also said that absence from work due to treatment can itself amount to a substantial adverse effect on day-to-day activities.
The case will now be re-considered by a differently constituted Tribunal.
Key Action Points for Human Resources and In-house Counsel:
Endometriosis may be a disability where it has a substantial and long-term adverse effect on an individual’s normal day-to-day activities. When assessing disability, the focus should be on the actual impact of the condition on the individual, taking proper account of their own evidence and any supporting medical evidence.
