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

Unfair Dismissal, Polkey Deductions and Performance Management: Lessons from Pal v Accenture UK LimitedIn 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 LimitedThe legal issues raised by the “up or out” performance management modelThe tribunal’s errors in assessing disability discrimination and procedural fairness under the Equality ActThe EAT’s guidance on the application of Polkey deductionsPractical 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.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line [email protected] Find out more:Website: www.bdbf.co.uk/Email: [email protected]: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/Samantha Prosserhttps://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 Hockleyhttps://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.