John Szepietowski discusses what AI regulation in UK workplaces entail?

The regulation of artificial intelligence (AI) in the UK workplace is an evolving area, with several key developments and proposals aimed at addressing the unique challenges posed by AI technologies. The Equality and Human Rights Commission (EHRC) is expected to collaborate with the Information Commissioner’s Office (ICO) and the Employment Agency Standards Inspectorate, among other organisations, to produce joint guidance for the use of AI in the employment sector. This guidance will align with the government’s principles and aims to provide a clearer path for using AI in employment. Key areas of focus include the use of AI in recruitment processes and decision-making, particularly concerning AI-assisted monitoring or dismissal of employees. The principle of ‘appropriate transparency and explainability’ is crucial in this context.

The anticipated guidance, as outlined in the government’s White Paper, includes several recommendations. These recommendations suggest providing clarification on the type of information businesses should disclose when implementing AI systems for recruitment to avoid bias and discrimination. Additionally, it calls for clarification on the due diligence and AI impact assessments required for supply chain management processes in the procurement and implementation of AI systems. The guidance also recommends proportionate measures for bias detection, mitigation, and continuous monitoring, as well as appropriate processes to allow for AI-driven decisions to be contested and provide redress.

In August 2023, the House of Commons Library published a research briefing exploring the employment law implications and proposals for regulatory reform. This briefing acknowledges that there are currently no explicit laws governing the use of AI in the workplace, but existing general areas of law, such as the Equality Act 2010 and data protection law, may apply. In September 2023, the Trade Union Congress (TUC) announced the creation of an AI taskforce to address what it perceives as a legislative gap in the governance of AI in employment law. The TUC criticised the government’s ‘light touch approach’ to AI regulation, warning that it risks making the UK an ‘international outlier’ in this area. The TUC aims to produce a draft ‘AI and Employment Bill’ in 2023–24, with the support of legal experts, and will lobby for it to be enacted into law. The taskforce will also receive advice from experts in business, academia, and politics.

These developments highlight the ongoing efforts to create a regulatory framework that balances the efficiency and ethical use of AI in the workplace. The collaboration between various regulatory bodies and the input from diverse stakeholders aim to ensure that AI technologies are implemented in a manner that is transparent, fair, and accountable. As the use of AI in employment continues to grow, these regulatory measures will be crucial in addressing the potential risks and ensuring that the benefits of AI are realised without compromising employee rights and protections.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page. 

This information was correct as of September 2024