AI and Employers Obligations in the UK

During the UK Parliment debate on May 17th 2023, a bill was proposed to regulate the use of artificial intelligence (AI) technologies in the workplace. The bill aimed to address workers’ and trade union rights regarding AI usage and its related implications. Campaigners, Trade Unions and MPs joined forces to demand more stringent oversight of AI in the workplace. The introduction of the bill recognised the transformative potential of AI in society and emphasised the need for legislation to catch up with the rapid advancements in the field.

The bill acknowledged that AI could have far-reaching effects on national security, such as the dissemination of dangerous misinformation, as well as implications for fraud prevention. It also highlighted the need to reassess traditional assumptions about the labour market. Research suggested that a significant number of jobs could be automated in the coming years. Universal basic income, lifelong education and training were mentioned as potential solutions to address the changing landscape of work.

The bill aimed to protect workers’ rights in the face of increasing AI intergration in the workplace. It refers to the comprehensive report by the Trades Union Congress on the worker experience of AI. The report highlighted concerns about monitoring, evaluation and management practices. The report stressed the lack of meaningful consultation with workers and the erosion of autonomy, privacy and transparency in the use of AI-powered technologies.

Employee surveillance emerged as a key concern highlighted by the TUC and campaigners. The meticulous tracking of workers’ movements through handheld devices for performance management was acknowledged by CEOs such as Simon Thompson of Royal Mail. Amazon’s Coventry warehouse faced criticism for a stringent regime with constantly changing targets believed to be set by AI. Concerns were voiced by members of the United Tech and Allied Workers, emphasising the need for regulations governing employee surveillance and a responsive regulatory body.

The reliance on algorithms to make judgments about workers’ behaviour, including instances of “robo-firings”, raised alarm among campaigners. Legal action by UK-based Uber drivers compelled the platform to disclose details about decision-making processes and the campaigners relied on the European Union’s General Data Protection Regulation (GDPR) in such cases. However, concerns were raised about forthcoming UK legislation that may weaken GDPR provisions and relax the requirement for human involvement in decision-making processes.

Labour’s deputy leader, Angela Rayner, stressed the need to update employment rights and protections to keep pace with the transformative potential of data analysis and AI in the economy. The UK government also released a white paper on AI, outlining principles for responsible use. Critics argued that existing regulators lacked necessary enforcement power, with calls for a royal commission to determine the best oversight methods.

The propsed bill aimed to establish a people-focused and rights-based approach to ensure that workers’ rights are preserved in decisionsmade by employers and the government in the context of AI utilisation. It sought to regulate high-risk AI use, establish workers’ consultation rights, prevent discrimination by algorithms, provide for human review of AI decisions and protect workers’ privacy and work-life balance. The bill recognised the need for collaboration between the government, civic society, trade unions and communities to develop comprehensive legislation that protects workers and considers their voices and interests.