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Employment law for employees & Employment law for employers

Fatigue not considered a disability in circumstances where it was not substantial or long-term

Navarro v Eurostar International Ltd [2022] EAT 7; January 21, 2022

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Ms D Navarro (DN) worked for Eurostar International Ltd (EI) in their customer service team. She underwent a double mastectomy in June 2018. Following the surgery DN suffered right breast pain and discomfort and pain in her right arm. This pain (the physical impairment) caused her to have likely permanent functional issues around her scars. DN also reported suffering from fatigue and depression (the mental impairments).

In January 2019 DN requested a reasonable adjustment of 48-hour rest periods between shifts to prevent extreme fatigue caused by her disability. When the request was rejected in June 2019 for business reasons, DN went off sick and attended her GP who diagnosed severe depression.

DN lodged a grievance in April 2019 with a second request to change her shifts due to fatigue.

Click here to read the full article, first published by the Discrimination Law Association in July 2022

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