The Feminist Files

Endometriosis and Structural Discrimination in the Workplace with Elaine Banton


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In this episode, Isobelle speaks to Elaine Banton, a barrister at 7BR Chambers specialising in employment, equality and discrimination. The discussion begins with a discussion of Elaine’s recent appellate success in the case Pal v Accenture. This case tackled disability discrimination and workplace progression systems, leading us into a broader consideration on how workplace models are frequently hostile and unaccommodating to those experiencing endometriosis and other chronic conditions. Elaine emphasises how these existing frameworks frequently lead to structural problems becoming individualised.  


We also discuss endometriosis more generally in this episode, talking about ‘medical misogyny’, and why women’s pain is so often normalised or dismissed, and what approaches may be taken to address and change this. The discussion concludes with a reflection on AI biases in government decisions and the importance of building guardrails and fairness into systems proactively rather than retroactively addressing harms.


Directly pertaining to the discussion in the episode, a recent petition, created by Sanju Pal, has called for gynaecological conditions to be listed as impairments in the Equality Act 2010 Guidance on Disability.


More information on the petition can be found here:

https://petition.parliament.uk/petitions/761186


Find coverage of Elaine’s success in the case here: 

https://www.7br.co.uk/2026/02/elaine-banton-successfully-wins-appeal-in-the-employment-appeal-tribunal-in-pal-v-accenture-uk/

https://www.linkedin.com/in/elaine-banton/


Sources used for this episode: 

https://assets.publishing.service.gov.uk/media/696e07ac5a37ab534a9e235f/Ms_S_Pal_v_Accenture__UK__Ltd__2026__EAT_12.pdf

https://www.nhs.uk/conditions/endometriosis/

https://www.bbc.co.uk/news/articles/cy9y9lrwxqgo

https://committees.parliament.uk/committee/328/women-and-equalities-committee/news/212280/improving-menstrual-health-must-be-prioritised-in-womens-health-strategy-and-wider-nhs-reforms-wec-says/

https://www.endometriosis-uk.org/press-release-time-end-stigma

https://www.bbc.co.uk/news/articles/cx2drw8l80no

https://www.bbc.co.uk/news/articles/cm2kke1jn8xo

https://bigbrotherwatch.org.uk/press-releases/37614/

https://www.theguardian.com/society/2024/dec/06/revealed-bias-found-in-ai-system-used-to-detect-uk-benefits#:~:text=Neither%20did%20it%20reveal%20whether,prevent%20fraudsters%20gaming%20the%20system


Episode edited by Rowan Berkley

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