Legal Risks of “Up or Out” | Pal v Accenture UK Limited

Unfair Dismissal, Polkey Deductions and Performance Management: Lessons from Pal v Accenture UK Limited

In this episode of The BDBF Podcast, Samantha Prosser and James Hockley analyse the Employment Appeal Tribunal’s decision in Pal v Accenture UK Limited – and what the ruling means for employers and claimants.

Ms Pal, a 10-year Accenture manager, was dismissed in 2019 for allegedly not being “promotion-ready” under the firm’s controversial “up or out” model – all while managing significant symptoms of endometriosis.

Samantha and James unpack the key issues this case raises around disability discrimination, procedural fairness and the application of Polkey reductions to compensation.

Listeners will gain insights into:

• The factual background to Pal v Accenture UK Limited
• The legal issues raised by the “up or out” performance management model
• The tribunal’s errors in assessing disability discrimination and procedural fairness under the Equality Act
• The EAT’s guidance on the application of Polkey deductions
• Practical lessons for employers on maintaining fair dismissal procedures 

With significant changes to unfair dismissal law and compensation caps expected from 2027, this episode offers timely guidance for HR professionals, employment lawyers and business leaders navigating performance management and dismissal risk.

Disclaimer: Views of external guest speakers do not represent those of BDBF.

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Samantha Prosser
https://www.linkedin.com/in/samanthacprosser/
Partner at BDBF, Samantha has extensive litigation experience in the Employment Tribunal and Employment Appeal Tribunal. She specialises in whistleblowing and sex and disability discrimination claims, with particular expertise advising Consultants in the NHS and private practice.

James Hockley
https://www.linkedin.com/in/james-hockley-9060a685/
Senior Associate at BDBF, James advises both individuals and employers across Employment Tribunal, Employment Appeal Tribunal, High Court, and Court of Appeal proceedings. His practice focuses on discrimination, whistleblowing, unfair dismissal, employee competition, investigations, disciplinary and grievance matters, and negotiated exits.

What is The BDBF Podcast: News and Insights for the Employment Law Community?

The BDBF Podcast: News and Insights for the Employment Law Community is the authoritative podcast for the latest developments, expert analysis, and practical guidance within the constantly evolving field of employment law.

Each episode presents in-depth discussions with prominent professionals, examining complex legal precedents, legislative amendments, and emerging trends that affect employers, employees, and legal practitioners. Whether seeking to remain current on recent judicial decisions, comprehend the practical ramifications of new regulations, or acquire actionable strategies for managing workplace issues, our podcast provides substantive content specifically designed for the employment law community.

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