In the EAT case of Kraft Foods UK Ltd v Hastie it has been determined that applying a cap in a contractual redundancy scheme preventing employees recovering more as a redundancy payment than they would have earnt if they remained in employment until retirement age is not unlawful indirect age discrimination.  The EAT found that it is justifiable as a proportionate means of achieving a legitimate aim i.e. the ‘prevention of a windfall’ defence!