The Guinness Partnership v Szymoniak [2017]

The claimant argued disability discrimination and successfully contended before the ET that he satisfied the definition of a disabled person by reason of the long-term effects of mental impairment.  The ET had not given any directions for expert medical evidence but instead relied on the claimant’s own testimony and contemporaneous medical documentation. 

It was argued by the respondent that the ET should not have determined the question of disability in the absence of proper medical evidence. Furthermore, it argued that finding the claimant disabled based merely on the length of time he had suffered impairment rather than considering the effect of the impairment on his ability to