Employment laws omit to address the significant impacts of using Artificial Intelligence, says Mandy Armstrong
The rapid adoption and constant evolution of AI have massive implications for employers and staff yet, from a legislative perspective, the dos and don’ts for employers are vague at best – despite the Government making one of the most significant changes to employment law in several years.
While the recently passed Employment Rights Bill includes several significant provisions, from ‘fire and rehire’ and third-party liability to zero hours and temporary contracts, there’s one element conspicuous in its absence: AI.
So, in what is ironically an information desert, what are the potential impacts, and prospective pitfalls, employers need to consider when it comes to AI?
Employment law frameworks
The Equality Act 2010 and Employment Rights Act 1996 still govern discrimination and dismissal but were not drafted with AI in mind. Even as the Employment Rights Bill becomes law, gaps in legislation remain. So far, the UK has been relatively ‘hands off’ in comparison with the EU, which has moved faster on AI regulation.
It’s highly likely that case law will guide UK tribunals in adapting existing frameworks when it comes to employment law cases involving AI and employers need robust policies in place to support and protect their organisations and staff.
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