Defining disability

Case 8: The facts

Mr Dunham, who suffers from learning difficulties that affect his literacy and numeracy skills and his memory, was dismissed on grounds of capability.

Dunham said that this amounted to disability discrimination, but his employer argued that his condition did not amount to a disability because it was not the result of a specific medical condition.

The ruling

The Employment Appeal Tribunal held that learning difficulties can amount to a disability without the need to establish a specific medical condition. Evidence from a suitable expert such as a specialist educational psychologist is required, but Dunham had provided this. Dunham did have a disability and could pursue his claim.

Dunham v Ashford Windows [2005] IRLR 608