Miss U Dierstein v Conveyancing Direct Limited — 2024

At a public preliminary hearing, the tribunal decided the issue of disability under section 6 of the Equality Act 2010. It found that Miss Dierstein had a physical impairment, cervical vertigo, which had been ongoing since June 2021 and had a substantial and long-term adverse effect on normal day-to-day activities. In reaching that conclusion, the tribunal accepted evidence of dizziness, disorientation, neck pain, stiffness, headaches and balance problems, and noted that she had sought medical treatment, carried out exercises and bought ergonomic office equipment.

The tribunal accepted her explanation of the physiotherapy note of 16 March 2023 and found that her neck problems were causing her dizziness on that date. It also referred to the earlier hospital admission on 29 June 2021, the later diagnosis of cervical vertigo on 2 June 2023, and the fact that the condition had persisted despite attempts to alleviate it. On that basis, the tribunal held that cervical vertigo was a disability within the meaning of the Equality Act 2010.

The tribunal further found that anxiety and depression were a disability from 1 June 2023 onwards. Although the first fit note referring to the condition was dated 13 October 2023, it accepted that she had been receiving cognitive behavioural therapy from June 2023 and that the condition was ongoing and likely to continue. The judgment was limited to the preliminary disability issue and did not determine the merits of any discrimination complaint or make any monetary award.