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Key Points Summary (for the top of the article)

• “Up or out” policies are common in top UK firms and can be used to quietly push employees out, especially after illness or requesting support.

• Employers often use tactics like shifting targets, vague feedback, and delays—keep detailed records and ask for everything in writing.

• Even with less than two years’ service, you have legal rights if discrimination or breach of contract is involved.

• The case of Ms Pal v Accenture shows tribunals look for real evidence, not just policy language—document your experience and don’t be afraid to challenge unfairness.

1. Introduction: When the System Feels Rigged

It’s a gut-wrenching feeling: after years of hard work, you’re suddenly told you’re “not progressing” or “not a good fit.” Maybe it comes after a period of illness, maternity leave, or simply after asking for support. The shock is real, and so is the sense of isolation. For many, especially women and those with invisible health conditions, the experience is not just about losing a job—it’s about being made to doubt your own worth and sanity. If you’re facing this in a big-name firm, you’re not alone. The system can feel rigged, but there are ways to protect yourself.

2. The “Up or Out” Model: What It Looks Like in Practice

The “up or out” model is a hallmark of high-pressure industries—consulting, law, finance, and accountancy. In these environments, you’re expected to climb the ladder quickly or move on. Sometimes it’s written into HR policy, but more often it’s an unspoken rule. You might notice the signs: performance targets that keep shifting, feedback that’s always just out of reach, or colleagues who quietly disappear after missing a promotion window. The culture rewards relentless ambition, but it can be brutal for anyone who needs time off, flexibility, or simply doesn’t fit the mould.

3. The Corporate Playbook: Tactics Employers Use

Large firms rarely say outright that you’re being pushed out. Instead, they use a range of subtle—and sometimes sly—tactics. Gaslighting is common: you’re told “everyone’s under review” or “it’s just business,” making you question your own experience. Delays and endless meetings sap your energy, while the criteria for success seem to change every time you get close. Some find themselves isolated, stripped of responsibilities, or left out of key meetings—a slow freeze designed to make you leave of your own accord. These tactics are designed to protect the company, not you.

4. Case Study: Ms S Pal v Accenture – What the Tribunal Looked For

The case of Ms S Pal v Accenture [2026] EAT 12 is a powerful example of how tribunals see through corporate smokescreens. Ms Pal, a manager at a global consultancy, was dismissed after a period of illness related to endometriosis—a condition that disproportionately affects women and is often misunderstood. The tribunal didn’t just accept the company’s “up or out” justification. Instead, it looked for real evidence: medical reports, written requests for support, and whether the company genuinely considered her needs. The tribunal found that Accenture’s failure to make reasonable adjustments and its reliance on vague, shifting performance criteria were key failings. This case shows that, even against a giant, the right evidence and persistence can make all the difference.

5. Building Your Shield: Evidence and Strategy

When you’re up against a well-resourced employer, your best defence is a careful, methodical approach to evidence. Start early—don’t wait until things feel dire. Keep a contemporaneous diary of events, noting dates, times, and what was said in meetings or calls. Save every email, performance review, and written request for support. If you’re given feedback, ask for it in writing. This isn’t about being paranoid; it’s about protecting yourself in a system that often values process over people.

Key evidence to gather:

• Medical notes and occupational health reports, especially if you have a health condition or disability.

• Copies of all performance reviews, targets, and feedback—especially if they change over time.

• Written requests for adjustments or support, and your employer’s responses.

• Internal policies on progression, sickness, and equality.

• Notes on how others in similar roles are treated, to spot patterns of unfairness.

6. Legal Leverage: Your Rights (Even With Less Than Two Years’ Service)

It’s a common misconception that you have no rights if you’ve been employed for less than two years. While ordinary unfair dismissal claims usually require two years’ service, there are important exceptions:

• Discrimination claims (e.g., disability, sex, race, age) can be brought from day one.

• Automatically unfair dismissals (such as for whistleblowing, asserting statutory rights, or health and safety reasons) also don’t require two years.

• Breach of contract or wrongful dismissal (such as not being given proper notice) can be claimed regardless of length of service.

If you believe your health, disability, or another protected characteristic such as pregnancy played any part in your treatment or dismissal, focus your evidence and arguments here. The law is clear: employers must consider reasonable adjustments and cannot use “up or out” as a smokescreen for discrimination.

7. When the Employer Drags It Out: Coping with Delay and Attrition

Corporate employers often rely on delay as a tactic—hoping you’ll give up, move on, or accept a quiet settlement. This can be exhausting, especially if you’re already dealing with health issues or anxiety. It’s important to pace yourself and seek support. Keep your records up to date, and don’t be afraid to escalate if you’re being stonewalled. Sometimes, just knowing you’re not alone—and that others have faced the same tactics—can help you stay resilient.

If you’re facing endless delays:

• Politely chase for written responses and keep a log of all follow-ups.

• Escalate to a more senior manager or HR if you’re being ignored.

• Consider making a subject access request to see what’s being said about you internally.

• Reach out to support networks, unions, or legal clinics for advice and solidarity.

8. Gender, Health, and Invisible Disabilities: Why Some Are Targeted More

It’s a sad reality that women, carers, and those with invisible disabilities (like endometriosis, ADHD, or mental health conditions) are often more vulnerable to being managed out. These conditions are frequently misunderstood or minimised, and asking for support can sometimes trigger negative treatment. The Ms Pal case is a stark reminder that tribunals are increasingly aware of these patterns. If you feel you’re being singled out after disclosing a health issue or returning from leave, trust your instincts and document everything. The law is on your side, and your experience is valid.

9. Turning the Tables: How to Use the System to Your Advantage

It’s easy to feel powerless when facing a corporate giant, but the very systems designed to protect the company can also protect you—if you know how to use them. Start by reading your employer’s own policies on progression, sickness, and equality. If they fail to follow their own procedures, this can be powerful evidence in your favour. Use their delays and inconsistencies to your advantage: every time a meeting is postponed, or feedback is vague, make a note. If you’re given shifting targets or unclear expectations, ask for clarification in writing. These small steps can build a compelling narrative that the process was unfair or discriminatory.

Ways to turn the tables:

• Quote your employer’s own policies in your correspondence.

• Politely insist on written feedback and clear criteria.

• Use their delays as evidence of poor process, not your own failings.

• If you’re offered a settlement, consider negotiating for a reference, extra pay, or a non-disparagement clause.

10. Conclusion: You’re Not Powerless – Lessons from Ms Pal and Others

Facing an “up or out” culture can feel isolating and overwhelming, especially when the odds seem stacked in favour of your employer. But the law is there to protect you, and tribunals are increasingly willing to look beyond corporate justifications to the real facts. The story of Ms Pal v Accenture shows that with careful evidence, persistence, and a willingness to challenge unfairness, you can hold even the biggest firms to account. Remember, you are not alone—many have walked this path before you and succeeded.

Which employers are rumoured to use “up or out” models?

While few companies publicly admit to having a formal “up or out” policy, many well-known firms are widely reported in industry press, employee reviews, and professional forums to operate with this approach or a close cultural equivalent. These include, but are not limited to:

• McKinsey & Company

• Boston Consulting Group (BCG)

• Bain & Company

• Goldman Sachs

• Slaughter and May

• Clifford Chance

• PwC (PricewaterhouseCoopers)

• Deloitte

• EY (Ernst & Young)

• Linklaters

It’s important to note that these references are based on public commentary, employee testimonials, and industry analysis, rather than any formal admission by the companies themselves. The reality on the ground may vary between offices, teams, and over time.

Disclaimer: This article is general information and does not constitute as legal, medical, financial or tax advice.