Definition of disability

Case 6: The facts

Mr Hewett suffered from Asperger's Syndrome, a form of autism which made it difficult for him to interact fully at work. He brought a claim of discrimination under the DDA, and the initial issue was whether or not he had a disability.

Hewett claimed that his condition had an adverse impact on his ability to concentrate, learn and understand - one of the day-to-day activities mentioned in the Act.

The ruling

The Employment Appeal Tribunal held that the ability to understand was not restricted to understanding "information, knowledge or instructions", but could include difficulty in understanding normal social interaction among people.

Hewett's condition was capable of amounting to a disability, and his case was referred back to the tribunal to decide whether the adverse impact was substantial.

Hewett v Motorola [2004] IRLR 545