Claimant v London North Eastern Railway Limited

The tribunal found the respondent's failure to pay IHSA benefits to claimants over 65 was capable of objective justification. The age cap at 65 pursued legitimate aims of inter-generational fairness, fair allocation of resources to those with greater need, and financial responsibility. The tribunal accepted that drivers over 65 had access to full occupational pension benefits (40% of final salary) and were approaching state pension age, reducing their need for financial support compared to younger workers. The means adopted (age cap at 65) were proportionate and reasonably necessary to achieve these aims.

The tribunal accepted that the IHSA provision (particularly the age cap at 65 in subparagraph b(iii)) put persons aged 65 and over at a particular disadvantage (no lump sum or continuing weekly payments). However, this was objectively justified on the same grounds as the direct discrimination claim: the respondent pursued legitimate aims of inter-generational fairness and responsible allocation of limited resources, and the age cap was a proportionate means of achieving those aims given that workers over 65 had access to full occupational pension benefits.