The Guinness Partnership v Szymoniak (Disability Discrimination) [2017] UKEAT 0065_17_1007 (10 July 2017)

The Guinness Partnership v Szymoniak (Disability Discrimination) [2017] UKEAT 0065_17_1007 (10 July 2017)

The Employment Tribunal erred in law by failing to assess the effect of the claimant's mental impairment on his ability to carry out normal day-to-day activities, focusing instead on the duration of the condition. This omission was a necessary part of the statutory assessment under section 6 Equality Act 2010 and required the appeal to be allowed.

Citation
[2017] UKEAT 0065_17_1007
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
10 July 2017
Procedural Posture
Employment Appeal / Appeal From Reserved Judgment on Preliminary Issue of Disability Under Equality Act 2010
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Definition of Disability, Equality Act 2010, Expert Medical Evidence, Employment Tribunal Procedure
Employment Law Equality Law Disability Discrimination Definition of Disability Equality Act 2010 Expert Medical Evidence Employment Tribunal Procedure

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Reserved Judgment on Preliminary Issue of Disability Under Equality Act 2010

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to assess the effect of the claimant's mental impairment as required by section 6 Equality Act 2010
  2. 2 Whether expert medical evidence was required for the determination of disability under the Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred in law by failing to assess the effect of the claimant's mental impairment on his ability to carry out normal day-to-day activities, focusing instead on the duration of the condition. This omission was a necessary part of the statutory assessment under section 6 Equality Act 2010 and required the appeal to be allowed.

Court Disposition

Appeal allowed

Orders

  • The issue of disability is remitted to a differently constituted Employment Tribunal for reconsideration afresh, including whether to direct expert medical evidence.