Case 2203506/2019 · Employment Tribunal
Ms. D. Navarro v Eurostar International Ltd London Central — 2020
- Case reference
- 2203506/2019
- Decision date
- 5 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goodman Representation
Parties
2 namedClaimant
Ms. D. Navarro
Key findings
Tribunal's reasoningAt this preliminary hearing on 4 August 2020, Employment Judge Goodman determined whether Ms D. Navarro was disabled within the meaning of section 6 of the Equality Act 2010 for the purposes of her disability discrimination claims. The issues arose from her January 2019 request for a shift-pattern change and the sickness absence warning she said was given on 6 August 2019. The tribunal applied the statutory definition of disability and referred to the authorities it named in the reasons, including Aderemi, Adeh, McNicol, Banaszczyk and Ministry of Defence v Hay.
The tribunal found that Ms Navarro had a physical impairment consisting of right breast pain from scar tissue after her 2018 double mastectomy, together with stiffness of the right arm. It accepted that this impairment was substantial and long-term, and held that she was disabled by reason of that physical impairment. It did not find that depression or fatigue amounted to a disability at the relevant time: depression was not substantial until June 2019, fatigue appeared later, and the evidence did not show a long-term mental impairment at the material time. No liability or compensation was decided at this preliminary stage; the matter was to proceed to the final hearing.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary disability-status finding only: the tribunal accepted that the claimant was disabled by reason of physical impairment, namely right breast pain from scar tissue and stiffness of the right arm. No liability or compensation was decided at this stage. | Upheld | Disability | — |
| Disability discrimination | Preliminary disability-status finding only: the tribunal did not accept that depression or fatigue amounted to a disability at the material time. It found those symptoms were not shown to be substantial and long-term when relevant. | Dismissed | Disability | — |
Legal tests applied
6 references- s.6 Equality Act 2010
- Aderemi v London and South Eastern Railway Ltd
- Adeh v British Telecommunications plc
- McNicol v Balfour Beatty Rail Maintenance Ltd
- Banaszczyk v Booker Ltd
- Ministry of Defence v Hay
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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