Artificial Intelligence (AI) is a term which can encompass a wide variety of technologies, many of which are increasingly used in workplace management. The use of these technologies, while offering much potential, has also proved controversial and raised some important legal questions.

Algorithmic management refers to the use of AI or other algorithmic tools by employers to manage workers. Over recent years algorithmic management and the use of AI tools have become more widespread across many sectors of the UK. In particular, their use has been noted in three broad areas:

• In recruitment, to devise job adverts, source candidates and filter CVs. Some recruiters also use automatically scored tests as part of their recruitment process.
• In task allocation and performance management, including scheduling shifts and evaluating worker performance.
• In surveillance and monitoring of the workforce, tracking workers to monitor productivity or health and safety in the workplace.

Current employment law and AI

There are currently no explicit UK laws governing the use of AI and other algorithmic management tools at work. However, several current areas of law potentially restrict the use of these tools in practice.

Common law

Common law understanding of the relationship between employer and employee is one of personal service, requiring a degree of mutual trust and confidence between the two parties, including being able to explain decisions (Keen vs Commerzbank AG [2006]).

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