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Risks from AI

Employment Law Review Issue 838 13 September 2023

 

Because of the need for legislation to safeguard workers’ rights with regard to artificial intelligence (AI), the TUC has launched a taskforce to fill the current legislative gaps.

Unlike the UK, the EU and other countries have already drafted specific legislation to properly regulate AI at work, but at present the UK’s government’s stated position is for a “light touch” approach.

As a result, the UK is “way behind the curve” on the regulation of AI, with UK employment law failing to keep pace with the development of new technologies and employers uncertain of how to fairly utilise them.

Not only is AI already involved in making “high-risk, life changing” decisions about workers’ lives – such as line-managing, hiring and firing staff – it is also being used to analyse facial expressions, tone of voice and accents to assess candidates’ suitability for roles. Left unchecked, the taskforce warns that this could lead to greater discrimination, unfairness and exploitation at work across the economy.

Meanwhile, employers are purchasing and using systems without knowing the full implications, such as whether they are discriminatory.

The taskforce will allow leading specialists in law, technology, politics, human resources and the voluntary sector to work together in order to draft new legal protections to ensure AI is regulated fairly at work for the benefit of employees and employers.

It is anticipated that taskforce members will publish an AI and Employment Bill early in 2024, after which they will lobby to have it incorporated into UK law.

The TUC has previously called for a number of protections to be enshrined in UK law including:

  • A legal duty on employers to consult trade unions on the use of “high risk” and intrusive forms of AI in the workplace.
  • A legal right for all workers to have a human review of decisions made by AI systems so they can challenge decisions that are unfair and discriminatory.
  • Amendments to the UK General Data Protection Regulation and Equality Act to guard against discriminatory algorithms.

To read more about the work of the taskforce, click here.