Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Artificial intelligenceLegal sectorHR softwareRecruitment process outsourcingLatest News

TUC urges new laws to rein-in artificial intelligence

by Adam McCulloch 25 Mar 2021
by Adam McCulloch 25 Mar 2021 Photo: Shutterstock
Photo: Shutterstock

The TUC has sounded the alarm over what it describes as ‘huge gaps’ in UK employment law over the use of artificial intelligence at work.

New legal protections were needed as workers could be “hired and fired by algorithm” the trade union body said in a report published today (25 March). The study was carried out by employment rights lawyers Robin Allen QC and Dee Masters from the AI Law Consultancy.

TUC general secretary Frances O’Grady said AI, the use of which had accelerated rapidly since the start of the pandemic, “could be used to improve productivity and working lives. But it is already being used to make life-changing decisions about people at work – like who gets hired and fired”.

Automation

There’s no going back: how AI is transforming HR

The fourth industrial revolution is upon us: do we have the skills?

One third of HR roles at risk of automation

AI and algorithms: Why the human touch is so important

WEF: Half of all work tasks to be automated 

She warned that without fair rules, the use of AI at work “could lead to widespread discrimination and unfair treatment – especially for those in insecure work and the gig economy.”

Earlier in March, Uber was strongly criticised by using AI to wrongly deny gig workers the use of its app, a problem that was indirectly causing racism because the facial identity software used by the AI was not accurate when it came to dark-skinned faces.

Many companies use AI systems with no human oversight in the early stages of their hiring processes, to filter out “weaker” applications.

And as AI becomes more sophisticated, warned the TUC, firms are likely to entrust it with more high-risk decisions, such as analysing performance metrics to establish who should be promoted or let go.

Among the 15 statutory changes the TUC is calling for is a legal right to have any such “high-risk” decision reviewed by a human.

“A human might undertake some formal task, such as handling a document, but the human agency in the decision is minimal,” the report stated.

“Sometimes the human decision-making is largely illusory, for instance where a human is ultimately involved only in some formal way in the decision what to do with the output from the machine.”

The TUC is calling for the legal right to have a human review decisions and changes to UK law to protect against discrimination by algorithm.

Allen and Masters (from Cloisters law firm and the AI Law Consultancy), said while AI could be beneficial, “used in the wrong way it can be exceptionally dangerous”.

“Already important decisions are being made by machines,” they said. “Accountability, transparency and accuracy need to be guaranteed by the legal system through the carefully crafted legal reforms we propose. There are clear red lines, which must not be crossed if work is not to become dehumanised.”

David Lorimer, director and employment lawyer at Fieldfisher, said, however, it was “worth recognising there are some legal protections in place.

Accountability, transparency and accuracy need to be guaranteed by the legal system through the carefully crafted legal reforms we propose” – Robin Allen and Dee Master, AI Law Consultancy

“For instance, decisions that are tainted by discrimination (which can be the case where algorithms are trained on biased sets of data) are challengeable. It’s also the case that employers can only make decisions without human intervention in limited circumstances, and they must be transparent about this, under the UK GDPR.”

Lorimer added: “Certainly there is more to do when it comes to baking ethical considerations into AI tools deployed in the workplace. My experience is that employers are increasingly live to this, and are taking steps to carefully consider these issues.”

The report authors urged for the establishment of a “comprehensive set of ethical guidelines would sit in parallel to, and enhance, the existing (and hopefully improved) legal framework, creating flexible, practical, and dynamic guidance to employers, trade unions, employees, and workers. Again, the trade union movement could use its unique access and perspective on the challenges faced by workers and employees to construct ethical guidelines that would be particularly meaningful and considered.”

HR Director opportunities on Personnel Today

Browse more HR director jobs

 

 

Adam McCulloch
Adam McCulloch

Adam McCulloch is a freelance writer and production editor who has worked in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He also works for a national newspaper and is the author of KentWalksNearLondon

previous post
NHS Scotland staff offered pay rise of at least 4%
next post
Seven in 10 hospitalised with Covid-19 still not recovered five months on

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

AI adoption: Skills shortages means UK lagging behind...

18 May 2022

Work in the metaverse: what should HR prepare...

1 Apr 2022

Estée Lauder staff win payout after being ‘sacked...

17 Mar 2022

TUC warns against employee monitoring after Post Office...

28 Feb 2022

Could the metaverse take hybrid work to the...

25 Jan 2022

Why algorithms at work aren’t all bad

18 Jan 2022

How HR can get ahead of AI regulation

4 Jan 2022

Year in review: Personnel Today editor Rob Moss...

10 Dec 2021

Personnel Today Awards 2021: Suite win for Bright...

16 Nov 2021

Algorithms assault workers’ dignity, hear MPs as they...

11 Nov 2021
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+