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
- Perspectives in Artificial Intelligence: Creating jobs, not replacing them - Marquette Today - November 23rd, 2024 [November 23rd, 2024]
- Top 3 Artificial Intelligence (AI) Coins of the Third Week of November 2024 - BeInCrypto - November 23rd, 2024 [November 23rd, 2024]
- ZICC: Internet Experts Pay Attention To The Development Of Artificial Intelligence - Barchart - November 23rd, 2024 [November 23rd, 2024]
- How To Elevate Irrigation With Artificial Intelligence - The Scoop - - November 23rd, 2024 [November 23rd, 2024]
- 32.4% of Warren Buffett's $292 Billion Portfolio Is Invested in 4 Artificial Intelligence (AI) Stocks - Yahoo Finance - November 23rd, 2024 [November 23rd, 2024]
- ZICC: Internet Experts Pay Attention to the Development of Artificial Intelligence - Yahoo Finance - November 23rd, 2024 [November 23rd, 2024]
- Billionaire Israel Englander Is Selling Nvidia and Buying These Other Artificial Intelligence (AI) Stocks Instead - The Motley Fool - November 23rd, 2024 [November 23rd, 2024]
- Here Are My Top Artificial Intelligence (AI) Stocks to Buy Right Now (Hint: Not Nvidia) - The Motley Fool - November 23rd, 2024 [November 23rd, 2024]
- [Webinar] The Shifting E-Discovery Landscape From Artificial Intelligence to Antitrust, What the Trends Indicate About How to Prepare for 2025 -... - November 23rd, 2024 [November 23rd, 2024]
- ZICC: Internet Experts Pay Attention to the Development of Artificial Intelligence - WV News - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence and the Future of Work - American Enterprise Institute - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence News for the Week of November 22; Updates from IBM, Microsoft, NVIDIA & More - Solutions Review - November 23rd, 2024 [November 23rd, 2024]
- $159 Billion Artificial Intelligence in Robotics Global - GlobeNewswire - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence Can Improve Access to Justice, But the Legal Profession Has a Role to Play - The Federalist Society - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence for IT Operations Platform Market Transforming IT Efficiency with Next-Gen AI Solutions - openPR - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence of Things Market Merging AI and IoT for Intelligent Automation - openPR - November 23rd, 2024 [November 23rd, 2024]
- Prediction: This Artificial Intelligence (AI) Stock Is Going to Soar Higher After Nov. 26 - The Motley Fool - November 23rd, 2024 [November 23rd, 2024]
- The very real constraints on artificial intelligence in 2025 - The Economist - November 23rd, 2024 [November 23rd, 2024]
- How Artificial Intelligence (AI) Influence on Nuclear Energy Industry is Providing Lucrative Opportunity - GlobeNewswire - November 23rd, 2024 [November 23rd, 2024]
- COVAR to explore ethical use of artificial intelligence (AI) and machine autonomy in military applications - Military & Aerospace Electronics - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence (AI) Could Become a Game Changer for This Company. Should You Buy Its Stock Right Now? - The Motley Fool - November 23rd, 2024 [November 23rd, 2024]
- AI Fatigue: Why the Buzz Around Artificial Intelligence Feels Like A Broken Record - Tech Business News - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence Has Entered the Nuclear Industry and Its Early Benefits Are Just the Tip of the Iceberg - POWER magazine - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence (AI) Is Set to Drive Sizzling Growth in This Market: Here's 1 Stock That Could Win Big From This Emerging Opportunity - The... - November 23rd, 2024 [November 23rd, 2024]
- Founder of artificial intelligence company used by schools in Los Angeles, NYC, Atlanta is arrested - ABC News - November 23rd, 2024 [November 23rd, 2024]
- Artificial Intelligence (AI) Could Become a Game Changer for This Company. Should You Buy Its Stock Right Now? - Yahoo! Voices - November 23rd, 2024 [November 23rd, 2024]
- The Microsoft vision of artificial intelligence in Latin America - BNamericas English - November 23rd, 2024 [November 23rd, 2024]
- Billionaires Are Buying This 1 Top Artificial Intelligence (AI) Stock. Should You Follow Suit? - The Motley Fool - November 21st, 2024 [November 21st, 2024]
- Computers unleashed economic growth. Will artificial intelligence? - The Economist - November 21st, 2024 [November 21st, 2024]
- Leveraging artificial intelligence to tackle climate change - Brookings Institution - November 21st, 2024 [November 21st, 2024]
- Understanding Artificial Intelligence in Tax and Customs Administration - International Monetary Fund - November 21st, 2024 [November 21st, 2024]
- SAU Professor Expands Knowledge of how to Build more inclusive Artificial Intelligence Community - Saint Augustine's University - November 21st, 2024 [November 21st, 2024]
- Using artificial intelligence to personalize infection treatment and address antimicrobial resistance - Medical Xpress - November 21st, 2024 [November 21st, 2024]
- Omdia Features Chetu in Its "On the Radar" Report, Highlighting Its Innovative Artificial Intelligence Solutions - Business Wire - November 21st, 2024 [November 21st, 2024]
- Jeff Dunham Artificial Intelligence tour at the Giant Center: Where to buy tickets - PennLive - November 21st, 2024 [November 21st, 2024]
- Webinar on Artificial Intelligence (AI) in Vaccine Research & Development - World Health Organization - November 21st, 2024 [November 21st, 2024]
- Aclara Secures Funding from Corfo's Innovation High-Tech Program for Artificial Intelligence Project - AccessWire - November 21st, 2024 [November 21st, 2024]
- Artificial Intelligence Is Putting Ever-Increasing Demands on Our Resources - NUVO Magazine - November 21st, 2024 [November 21st, 2024]
- Ajax IndoorCam: wireless IP camera with built-in artificial intelligence and security functions - gagadget.com - November 21st, 2024 [November 21st, 2024]
- Why the Next Big Artificial Intelligence (AI) Play Could be in the Nuclear Power Industry - GlobeNewswire - November 21st, 2024 [November 21st, 2024]
- Even mom-and-pops are investing in artificial intelligence - Restaurant Business Online - November 21st, 2024 [November 21st, 2024]
- Addressing The Future of Artificial Intelligence in Union Operations, on State of Affairs - ROI-NJ.com - November 21st, 2024 [November 21st, 2024]
- Virtus Artificial Intelligence & Technology Opportunities Fund Announces Distributions and Discloses Sources of Distribution Section 19(a) Notice... - November 21st, 2024 [November 21st, 2024]
- Artificial intelligence in UK financial services - 2024 - Bank of England - November 21st, 2024 [November 21st, 2024]
- A Once-in-a-Decade Investment Opportunity: 1 Little-Known Vanguard Index Fund to Buy for the Artificial Intelligence (AI) Boom - The Motley Fool - November 21st, 2024 [November 21st, 2024]
- Got $3,000? 3 Artificial Intelligence (AI) Stocks to Buy and Hold for the Long Term - Yahoo Finance - November 21st, 2024 [November 21st, 2024]
- Leveraging Biological Principles and Artificial Intelligence to Transform Customer Interactions - USA TODAY - November 21st, 2024 [November 21st, 2024]
- Artificial Intelligence To Reverse Mass Insect Extinction - WION - November 21st, 2024 [November 21st, 2024]
- Join us for an exclusive panel event on artificial intelligence - The Independent - November 21st, 2024 [November 21st, 2024]
- How artificial intelligence helped country music icon Randy Travis get back his renowned singing voice - MSN - November 21st, 2024 [November 21st, 2024]
- The Silent Predator: Protecting Children in the Age of Generative Artificial Intelligence - JURIST - November 21st, 2024 [November 21st, 2024]
- Is It Finally Time to Buy This Beaten-Down Artificial Intelligence (AI) Stock? - The Motley Fool - November 21st, 2024 [November 21st, 2024]
- War and Peace in the Age of Artificial Intelligence - Foreign Affairs Magazine - November 19th, 2024 [November 19th, 2024]
- These Artificial Intelligence (AI) Stocks Have Soared Since Trump Won the Election, but Should You Buy? - Yahoo Finance - November 19th, 2024 [November 19th, 2024]
- 'Genesis' looks at the future of artificial intelligence - MSNBC - November 19th, 2024 [November 19th, 2024]
- The Artificial Intelligence (AI) Boom Isn't Over. 3 AI Stocks to Buy Right Now. - The Motley Fool - November 19th, 2024 [November 19th, 2024]
- 1 Soaring Artificial Intelligence (AI) Stock to Buy and Hold for 10 Years (Hint: It's Not Nvidia) - Yahoo Finance - November 19th, 2024 [November 19th, 2024]
- Got $3,000? 3 Artificial Intelligence (AI) Stocks to Buy and Hold for the Long Term - Yahoo! Voices - November 19th, 2024 [November 19th, 2024]
- Artificial intelligence, international security, and the risk of war - Brookings Institution - November 19th, 2024 [November 19th, 2024]
- The role of artificial intelligence in cyber resilience - Security Magazine - November 19th, 2024 [November 19th, 2024]
- Artificial Intelligence and the health workforce - OECD - November 19th, 2024 [November 19th, 2024]
- Artificial intelligence is in your future - Huntsville Item - November 19th, 2024 [November 19th, 2024]
- Nvidia Just Invested in This Small Artificial Intelligence Company -- Should You Be Next? - The Motley Fool - November 19th, 2024 [November 19th, 2024]
- Billionaire Stanley Druckenmiller Just Sold All of His Nvidia Shares and Bought This Rapidly Growing Artificial Intelligence Stock-Split Stock -... - November 19th, 2024 [November 19th, 2024]
- Nvidia Just Invested in This Small Artificial Intelligence Company -- Should You Be Next? - Nasdaq - November 19th, 2024 [November 19th, 2024]
- Billionaire Philippe Laffont Sold 80% of Coatue's Stake in Nvidia and Is Piling Into This Historically Cheap Artificial Intelligence (AI) Stock... - November 19th, 2024 [November 19th, 2024]
- These Artificial Intelligence (AI) Stocks Have Soared Since Trump Won the Election, but Should You Buy? - The Motley Fool - November 19th, 2024 [November 19th, 2024]
- Artificial Intelligence and Relationships: 1 in 4 Young Adults Believe AI Partners Could Replace Real-life Romance - Institute for Family Studies - November 19th, 2024 [November 19th, 2024]
- AI-Fi, the Heart of Decentralised Finance and Artificial Intelligence - Finance Magnates - November 19th, 2024 [November 19th, 2024]
- Got $3,000? 3 Artificial Intelligence (AI) Stocks to Buy and Hold for the Long Term - sharewise.com - November 19th, 2024 [November 19th, 2024]
- Artificial intelligence (AI) and cryptocurrency: Revolutionizing the future of finance and technology - Dataconomy - November 19th, 2024 [November 19th, 2024]
- Assessing potential future artificial intelligence risks, benefits and policy imperatives - OECD - November 19th, 2024 [November 19th, 2024]
- Artificial intelligence can be used to predict river discharge and warn of potential flooding, new Concordia study shows - Concordia University News - November 19th, 2024 [November 19th, 2024]
- UFC enters into groundbreaking Artificial Intelligence (AI) partnership with IBM: Here's everything you need to know - Sportskeeda - November 19th, 2024 [November 19th, 2024]
- Navigating the Future: The Telecom Artificial Intelligence Software, Hardware, and Services Market Outlook - openPR - November 19th, 2024 [November 19th, 2024]
- 2 Artificial Intelligence (AI) Stocks to Buy on the Dip - Yahoo! Voices - November 19th, 2024 [November 19th, 2024]
- This Magnificent Artificial Intelligence (AI) Stock Has Crushed Nvidia in the Past Year. Can It Continue to Skyrocket in 2025? - The Motley Fool - November 19th, 2024 [November 19th, 2024]
- The Impact of Artificial Intelligence on the 2024 Election - Government Technology - November 16th, 2024 [November 16th, 2024]
- AI researcher Gary Marcus: The future of artificial intelligence is darker with Trump in the White House - EL PAS USA - November 16th, 2024 [November 16th, 2024]
- Artificial Intelligence Conference Examines Impacts on Health care, Research, Education - UAMS News - November 16th, 2024 [November 16th, 2024]