In person For the v Ms Wahabi (Litigation Consultant) Case No. 1602891/2023 Page 2 of 3 — 2024

At the preliminary hearing on 12 September 2024, Employment Judge David Harris sitting alone determined whether the Claimant was disabled within the meaning of section 6(1) of the Equality Act 2010. He found that the Claimant was disabled by reason of physical impairments in the form of episodic dizziness and blurred vision arising from benign paroxysmal positional vertigo or nystagmus, which had had, and continued to have, a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities since December 2021.

The Judge also found that the Claimant was disabled by reason of mental impairments in the form of anxiety and episodic low mood arising from anxiety and depression, with a substantial and long-term adverse effect on normal day-to-day activities since December 2022. A further finding of disability was made in respect of both mental and physical impairments in the form of low mood, mood swings, night sweats, aching joints, insomnia, fatigue, painful heavy bleeding, headaches, memory loss, brain fog and incontinence arising from perimenopause and menopause, again on the basis that the effects were substantial and long-term and had continued since mid-2022.

The Judge rejected the claim that hypertension was a disability. The condition had been diagnosed in March 2023, but the Tribunal found that it had not resulted in a mental or physical impairment that had a substantial and long-term effect on the Claimant's ability to carry out normal day-to-day activities. The judgment is therefore a preliminary determination of disability status only, with three conditions qualifying and hypertension not qualifying.