Welcome to Employment Edit, out pick of the key employment law developments from the last couple of weeks: 

  • Discrimination - the EAT has held that a limited company that was a member of an LLP could bring a claim alleging it was the victim of direct discrimination based on the age of its principal shareholder and director.  The arrangement was similar to that of an individual using a personal service company and, as a result of this, we may see more claims in the future from companies, charities and other entities alleging less favourable treatment based on the protected characteristics of individuals associated with them (EAD Solicitors LLP and others v Abrams).
  • Data protection – businesses that rely on the Safe Harbour framework  to transfer employees’ personal data to the United States will need to consider other ways to comply with the data protection legislation. The  ECJ has held this week that the Safe Harbour framework is invalid as it does not ensure an adequate level of protection for personal data to be transferred outside the EU. We will send more details about the implications of this decision shortly.
  • Shared parental leave – the government has announced that it intends to extend shared parental leave and pay to working grandparents by 2018 and will consult on the details of this in the first half of 2016.
  • October 2015 changes – A number of employment law changes came into effect on 1 October 2015. Please see our summary for more details.