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What consequences might Artificial Intelligence have for employment law?
As the availability of artificial intelligence is rapidly increasing, the Trade Union Prospect has recently conducted a survey of more than 1000 people, finding that 58% of workers think the government should regulate the use of generative AI in workplaces. This is contrasted with just 12% who oppose government interference because the benefits of generative AI are likely to outweigh any costs.
See: https://prospect.org.uk/news/public-call-for-government-regulation-of-generative-ai-at-work
This survey follows the introduction of the Artificial Intelligence (Regulation and Workers' Rights) Private Members' Bill (PMB) by Labour MP, Mick Whitley, on 17 May 2023.
The PMB aims to protect the rights of individuals working alongside artificial intelligence (AI) in shops, offices, factories and services.
Although the PMB is unlikely to become law it could start a conversation about employment rights in the context of artificial intelligence, providing some clarity as to the likely direction this might take. If enacted, the PMB would:
- Establish a universal and comprehensive right to human review of high-risk decisions made by AI, as well as a right to human contact when high-risk decisions are being made.
- Introduce a statutory duty for employers to meaningfully consult with employees and trade unions before introducing AI into the workplace.
- Target any AI use deemed to be high risk for further regulation, drawing on recommendations from the TUC manifesto Dignity at Work and the AI Revolution (see- https://www.tuc.org.uk/research-analysis/reports/dignity-work-and-ai-revolution).
- Prevent discrimination by algorithm, by making it unlawful to process discriminatory data. Making equality impact audits a mandatory part of data protection impact assessments. Requiring employers to publish these assessments.
- Create a statutory right that workers should not be subject to detrimental treatment as a result of the processing of inaccurate data.
- Establish a right for workers to disconnect from work (likely to be included in Labour Party manifesto).
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