In Lockwood v Department for Work and Pensions and another [2013] IRLR 941 CA, the Court of Appeal held that less favourable treatment of a younger employee under the employer's redundancy scheme was objectively justified.
The Court of Appeal has confirmed that age-related differences between the claimant and his or her comparator should not be taken into account when deciding whether or not the claimant suffered less favourable treatment because of his or her age.