Artificial intelligence and algorithms in the workplace – Lexology
Is removing subjective human choice from HR decisions going to create more problems than it solves?
We are all very aware of human failings when it comes to people management in the workplace. Everything from unconscious bias through to wholly intentional discrimination. To that extent the handing over of some management decisions to algorithms and AI (a term for which there is no common definition but which can cover a scenario where many algorithms work together with the ability to improve their own function) may seem like a no brainer. The technology is certainly out there and being aggressively marketed.
The rise of the gig economy is tied into the increase in the use of algorithms and AI, as the software began to be used on platforms such as Uber in an attempt to optimise the deployment of workers. It has also been adopted in many other sectors and workplaces - including many global brands such as Amazon and Unilever. Common uses include recruitment, workforce management (eg task or shift allocation) and performance review. The benefits to business include faster decision making, more efficient workforce planning, improved speed of recruitment and the obvious reduction in opportunity for human bias.
However, the very nature of "algorithmic management" means increases in monitoring and collection of data upon which the automated, or semi-automated, decisions are made. This is particularly so for performance monitoring and brings with it the risk of monitoring and processing data without appropriate consent. Removing humans from the decision making process entirely also creates the potential for lack of accountability. Additionally, if bias is embedded into an algorithm this will increase rather than decrease the risk of discrimination.
In May 2021, the TUC and the AI Consultancy published a report - Technology Managing People - the legal implications - highlighting exactly these sorts of issues and calling for legal reform. One focus of the report is the lack of transparency in decision making that comes with the use of AI - the basis of the decision being made is often an unknown to those that the decisions are being made about. The report points out that where it is difficult to identify when, how and by whom discrimination is introduced, it becomes more difficult for workers and employees to enforce their rights to protection from discrimination.
Other issues identified by the report include a lack of guidance for employers explaining when workers' privacy rights under the ECHR may be infringed by AI and the risks posed by the lack of clarity in the application of the UK GDPR to the use of AI within the employment relationship. Although unfair dismissal rights provide some protection from dismissals that are factually inaccurate or opaque, and this could be applied to an AI based decision making processes, the need for qualifying service means this protection is not universal. The UK GDPR also provides protection for employees via the requirement, amongst other things, for all personal data that is processed by AI to be accurate but a complaint arising from such a breach cannot, in itself, be brought within the employment tribunal system.
The TUC report makes a number of recommendations on how theses issues can be overcome. The provision of statutory guidance on how to avoid discrimination in the use of AI and on the interplay between AI and workers' rights to privacy; the introduction of a statutory right not to subjected to detrimental treatment (including dismissal) due to the processing of inaccurate data; the right to "explainability" in relation to high risk AI systems; and a change to the UK's data protection regime to state that discriminatory data processing is always unlawful are amongst those recommendations. However, even if any of these proposals are acted upon by UK Government, they will take time to implement.
For employers looking for ideas on good practice in this area, the policy paper published by ACAS - My boss the algorithm: an ethical look at algorithms in the workplace - is a good starting point, although it should be noted this is not ACAS guidance. The recommendations look at what can be done at a human level within a business. Key to those recommendations is the need for human input - algorithms being used alongside human management rather than replacing it. This is something that the TUC report also picks up on, albeit more formally suggesting that there should be a comprehensive and universal right to human review of AI decisions made in the workplace that are "high risk". Both reports also highlight the need for good communication between employers and employees (or their representatives) to ensure technology is effectively used to improve workplace outcomes.
Given the growth in this area, further regulation to manage the use of algorithms and AI in the workplace seems inevitable. In the meantime, businesses making use of this technology need to fully understand exactly what it does, where there are risks to its use and the importance of transparency in its use.
Read the original post:
Artificial intelligence and algorithms in the workplace - Lexology
- Whats Next in Artificial Intelligence: Agents that can do more than chatbots - Pittsburgh Post-Gazette - February 9th, 2025 [February 9th, 2025]
- Geopolitics of artificial intelligence to be focus of major summit in Paris; AP explains - Yahoo - February 9th, 2025 [February 9th, 2025]
- Geopolitics of artificial intelligence to be focus of major summit in Paris; AP explains - The Associated Press - February 9th, 2025 [February 9th, 2025]
- 3 Top Artificial Intelligence Stocks to Buy in February - MSN - February 9th, 2025 [February 9th, 2025]
- Geopolitics of artificial intelligence to be focus of major summit in Paris; AP explains - Lufkin Daily News - February 9th, 2025 [February 9th, 2025]
- 2 of the Hottest Artificial Intelligence (AI) Stocks on the Planet Can Plunge Up to 94%, According to Select Wall Street Analysts - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- These 2 Stocks Are Leading the Data Center Artificial Intelligence (AI) Trend, but Are They Buys Right Now? - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Book Review | Genesis: Artificial Intelligence, Hope, and the Human Spirit - LSE - February 9th, 2025 [February 9th, 2025]
- The Artificial Intelligence Action Summit In France: Maintaining The Dialogue On Global AI Regulation - Forrester - February 9th, 2025 [February 9th, 2025]
- Is prediction the next frontier for artificial intelligence? - Healthcare IT News - February 9th, 2025 [February 9th, 2025]
- The Artificial Intelligence in Medicines Market Is Set to Reach $18,119 Million | CAGR of 49.6% - openPR - February 9th, 2025 [February 9th, 2025]
- Geopolitics of artificial intelligence to be focus of major summit in Paris; AP explains - The Audubon County Advocate Journal - February 9th, 2025 [February 9th, 2025]
- Around and About with Richard McCarthy: Asking AI about itself: Will artificial intelligence ever surpass humankind? - GazetteNET - February 9th, 2025 [February 9th, 2025]
- Will the Paris artificial intelligence summit set a unified approach to AI governanceor just be another conference? - Bulletin of the Atomic... - February 9th, 2025 [February 9th, 2025]
- Apple Stock Jumps on Artificial Intelligence (AI) Driving iPhone Sales. Here's Why It's Not Getting Crushed by the DeepSeek Launch. - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Who will win the race to Artificial General Intelligence? - The Indian Express - February 9th, 2025 [February 9th, 2025]
- Prediction: This Artificial Intelligence (AI) Chip Stock Will Win Big From DeepSeek's Feat - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Prediction: 2 Artificial Intelligence (AI) Stocks That Will Be Worth More Than Nvidia 3 Years From Now - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- State of Louisiana Launches Innovation Brand, Announces Creation of $50 Million Growth Fund and Artificial Intelligence Research Institute - Louisiana... - February 9th, 2025 [February 9th, 2025]
- Using smart technologies and artificial intelligence in food packaging can reduce food waste - Yahoo News Canada - February 9th, 2025 [February 9th, 2025]
- BigBear.ai Wins Department of Defense Contract to Prototype Near-Peer Adversary Geopolitical Risk Analysis for Chief Digital and Artificial... - February 9th, 2025 [February 9th, 2025]
- Should Investors Change Their Artificial Intelligence (AI) Investment Strategy After the DeepSeek Launch? - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- 1 Unstoppable Artificial Intelligence (AI) Stock to Buy Before It Punches Its Ticket to the $4 Trillion Club - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Got 10 Years and $1000? These 3 Artificial Intelligence (AI) Stocks Are Set to Soar. - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- 1 Artificial Intelligence (AI) Stock Down 33% to Buy Hand Over Fist, According to Wall Street - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Rihanna Calls Out Use of Artificial Intelligence on Her Voice to Doctor a Clip of Her Speaking - Billboard - February 9th, 2025 [February 9th, 2025]
- 3 Best Artificial Intelligence (AI) Stocks to Buy in February - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Buying This Top Artificial Intelligence (AI) Stock Looks Like a No-Brainer Right Now - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Is Arm Stock a Buy After the Artificial Intelligence (AI) Chip Designer Released Its Quarterly Earnings Report? - The Motley Fool - February 9th, 2025 [February 9th, 2025]
- Artificial Intelligence, the Academy, And A New Studia Humanitatis - Minding The Campus - February 9th, 2025 [February 9th, 2025]
- The Trump Administrations Artificial Intelligence Rollback Is a Chance to Rethink AI Policy - Ms. Magazine - February 5th, 2025 [February 5th, 2025]
- Workday layoffs: California-based company lays off 1,750 employees, 8.5% of its workforce in favor of artificial intelligence - ABC7 Los Angeles - February 5th, 2025 [February 5th, 2025]
- It can really transform lives: Navigating the ethical landscape of artificial intelligence - WKMG News 6 & ClickOrlando - February 5th, 2025 [February 5th, 2025]
- Legal Restrictions Governing Artificial Intelligence in the Workplace - Law.com - February 5th, 2025 [February 5th, 2025]
- Google drops AI weapons banwhat it means for the future of artificial intelligence - VentureBeat - February 5th, 2025 [February 5th, 2025]
- MPs to scrutinise use of artificial intelligence in the finance sector - ComputerWeekly.com - February 5th, 2025 [February 5th, 2025]
- Catalyzing Change: Innovation and Efficiency through Artificial Intelligence in Contracting - United States Army - February 5th, 2025 [February 5th, 2025]
- STSD to hear cost breakdown, address artificial intelligence in education - The Wellsboro Gazette - February 5th, 2025 [February 5th, 2025]
- OECD activities during the Artificial Intelligence (AI) Action Summit - OECD - February 5th, 2025 [February 5th, 2025]
- Tether Ventures Into Artificial Intelligence With New Application Suite - Bitcoin.com News - February 5th, 2025 [February 5th, 2025]
- Will Artificial Intelligence Kill Acting? Nicholas Cage Thinks It Could - Movieguide - February 5th, 2025 [February 5th, 2025]
- 3 Reasons to Buy This Artificial Intelligence (AI) Stock on the Dip - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- 1 No-Brainer Artificial Intelligence (AI) Stock to Buy With $35 and Hold for the Long Run - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- Google renounces its promise not to develop weapons with artificial intelligence - Mezha.Media - February 5th, 2025 [February 5th, 2025]
- DeepSeek Just Changed Generative Artificial Intelligence (AI) Forever. 2 Surprising Winners From Its Innovation. - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- FUTURE-AI: international consensus guideline for trustworthy and deployable artificial intelligence in healthcare - The BMJ - February 5th, 2025 [February 5th, 2025]
- DeepSeek Just Exposed the Biggest Flaw of the Artificial Intelligence (AI) Revolution - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- Artificial Intelligence Is Here: How The Innovative Technology Is Taking Over The Stateline - WREX.com - February 5th, 2025 [February 5th, 2025]
- The Ultimate Artificial Intelligence (AI) Stocks to Buy in 2025 - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- This Magnificent Artificial Intelligence (AI) Stock Has Shot Up Over 175% in Just 3 Months, and It Could Soar Higher in 2025 - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- Artificial intelligence is bringing nuclear power back from the dead maybe even in California - CalMatters - February 5th, 2025 [February 5th, 2025]
- Got $5,000? These Are 3 of the Cheapest Artificial Intelligence Stocks to Buy Right Now - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- Compass Capital partners with MIT Sloan School of Management on an artificial intelligence project - ZAWYA - February 5th, 2025 [February 5th, 2025]
- 3 No-Brainer Artificial Intelligence (AI) Stocks to Buy With $500 Right Now - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- Nvidia vs. Alphabet: Which Artificial Intelligence (AI) Stock Should You Buy After the Emergence of China's DeepSeek? - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- A look inside the Trump administration approach to artificial intelligence - Federal News Network - February 5th, 2025 [February 5th, 2025]
- Artificial Intelligence (AI) in Cardiology Market Industry Growth Trends: Market Forecast and Revenue Share by 2031 - openPR - February 5th, 2025 [February 5th, 2025]
- Riverhead hospital employees picket for raises, protections from artificial intelligence - RiverheadLOCAL - February 5th, 2025 [February 5th, 2025]
- 1 Wall Street Analyst Thinks This Artificial Intelligence (AI) Chip Stock Could Benefit From DeepSeek's Breakthrough - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- 1 No-Brainer Artificial Intelligence (AI) Stock That Will Crush the Market in 2025 - The Motley Fool - February 5th, 2025 [February 5th, 2025]
- 3 Artificial Intelligence (AI) Stocks That Could Deliver Stunning Returns This Year - The Motley Fool - January 27th, 2025 [January 27th, 2025]
- Trumps White House and the New Artificial Intelligence Era - The Dispatch - January 27th, 2025 [January 27th, 2025]
- Artificial intelligence confirms it - these are the jobs that will become extinct in the next 5 years - Unin Rayo - January 27th, 2025 [January 27th, 2025]
- My Top 2 Artificial Intelligence (AI) Stocks for 2025 (Hint: Nvidia Is Not One of Them) - Nasdaq - January 27th, 2025 [January 27th, 2025]
- Artificial intelligence bill passes in the Arkansas House - THV11.com KTHV - January 27th, 2025 [January 27th, 2025]
- Chen elected fellow of Association for the Advancement of Artificial Intelligence - The Source - WashU - WashU - January 27th, 2025 [January 27th, 2025]
- Nvidia Plummeted Today -- Time to Buy the Artificial Intelligence (AI) Leader's Stock? - The Motley Fool - January 27th, 2025 [January 27th, 2025]
- Super Micro Computer Plummeted Today -- Is It Time to Buy the Artificial Intelligence (AI) Stock? - The Motley Fool - January 27th, 2025 [January 27th, 2025]
- The Brief: Impact practitioners on the perils and possibilities of artificial intelligence - ImpactAlpha - January 27th, 2025 [January 27th, 2025]
- 3 Mega-Cap Artificial Intelligence (AI) Stocks Wall Street Thinks Will Soar the Most Over the Next 12 Months - sharewise - January 27th, 2025 [January 27th, 2025]
- 3 Mega-Cap Artificial Intelligence (AI) Stocks Wall Street Thinks Will Soar the Most Over the Next 12 Months - The Motley Fool - January 27th, 2025 [January 27th, 2025]
- Ask how you can do human good: artificial intelligence and the future at HKS - Harvard Kennedy School - January 27th, 2025 [January 27th, 2025]
- This Unstoppable Artificial Intelligence (AI) Stock Climbed 90% in 2024, and Its Still a Buy at Todays Price - MSN - January 27th, 2025 [January 27th, 2025]
- Nvidia Plummeted Today -- Time to Buy the Artificial Intelligence (AI) Leader's Stock? - MSN - January 27th, 2025 [January 27th, 2025]
- Artificial intelligence: key updates and developments (20 27 January) - Lexology - January 27th, 2025 [January 27th, 2025]
- Here's 1 Trillion-Dollar Artificial Intelligence (AI) Chip Stock to Buy Hand Over Fist While It's Still a Bargain - The Motley Fool - January 27th, 2025 [January 27th, 2025]
- Artificial intelligence curriculum being questioned as the future of education in Pennsylvania 'cyber charters' - Beaver County Radio - January 27th, 2025 [January 27th, 2025]
- Why Rezolve Could Be the Next Big Name in Artificial Intelligence - MarketBeat - January 27th, 2025 [January 27th, 2025]
- Artificial Intelligence Market to Hit $3819.2 Billion By 2034, US Leading the Way in Artificial Intelligence - EIN News - January 27th, 2025 [January 27th, 2025]
- President Donald Trump Just Announced Project Stargate: 3 Unstoppable Stocks That Could Profit From the Artificial Intelligence (AI) Buildout - The... - January 26th, 2025 [January 26th, 2025]