Does an employee have a disability under section 6 of the Equality Act 2010 where symptoms come and go but arise on a regular basis?
The Employment Appeal Tribunal (EAT) decision in the case of Pal v Accenture (UK) Ltd 2026 gives some guidance on how employment tribunals are likely to address matters where the employee (P) suffered from endometriosis, which is a chronic inflammatory condition. A person with this condition can suffer from severe pelvic pain, fatigue, digestive symptoms, and other cognitive impairments. (P) had been suffering from endometriosis for several years. Although symptoms could fluctuate, the consequences of her health issues included repeated absences from work and periods of reduced working capacity.
(P)’s employer operated a modern performance management policy that required employees to progress up the career ladder or otherwise face dismissal. (P) had started as an analyst in 2009 and was promoted to a consultant on 1 March 2011 and then to a manager on 1 September 2013. The next step would have been to become a Senior Manager, which could take 3 to 4 years. However, due to (P)’s health issues, including surgery before her dismissal, she was not progressing to the expectations of the employer.
There was an occupational health report dated 14 January 2019 suggesting, amongst other things, that in the writer’s clinical opinion (P) would be fit to return to work. However, due to her ongoing symptoms and to assist with her recovery, it was recommended that she would benefit from temporary adjustments, including a phased return to work to help facilitate her recovery while she regained her physical stamina. The employer agreed to an eight-week phased return to work, covering the period from 9 January 2019 to 4 March 2019. However, as performance progression remained poor, (P) was dismissed on 3 July 2019 following a formal meeting.
The EAT had to decide, amongst other things, whether (P)’s endometriosis qualified as a disability, whether her employer had actual or constructive knowledge of it, and, if it was a disability, whether reasonable adjustments were properly considered.
Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment which has a substantial adverse effect on their ability to carry out normal day-to-day activities and which is long term (lasting or likely to last at least 12 months).
The EAT rejected the argument that periods of relative health improvement meant that the condition was not long term or would not recur. The symptoms were cyclical in line with medical evidence, and the fact that symptoms come and go does not, in itself, prevent the condition from meeting the statutory definition.
The decision of the EAT is a reminder that conditions such as endometriosis and other chronic illnesses, such as Crohn’s disease, which may vary in intensity over time, can still amount to a disability if their overall impact is substantial and long term. It also highlights the need to justify why reasonable adjustments are not considered practical or have not worked, particularly where there is medical evidence. Recovery from surgery can itself constitute a substantial adverse effect within the meaning of section 6 of the Equality Act 2010.
Where there is a need to consider dismissal driven by a failure to progress in line with an internal policy, the appropriate and potentially fair reason may fall under “some other substantial reason”, but this would require detailed analysis of the factual circumstances.
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