Legal professionals and the Trades Union Congress (TUC) are raising alarms about critical gaps in employment law that could result in workers being “hired and fired by algorithm.” This warning comes from a report commissioned by the TUC, conducted by renowned employment rights experts Robin Allen QC and Dee Masters from the AI Law Consultancy, who highlight significant deficiencies in British legislation.

According to the report, there is an urgent need for legislative changes to ensure that both workers and organizations can benefit from artificial intelligence without falling victim to its potential pitfalls. The current legislative void could lead to discrimination and mistreatment of workers as AI becomes more prevalent in decision-making processes.

The findings underscore the pace at which AI is transforming workplace operations, often leaving employees powerless against "inhuman" AI-driven performance evaluations. The lawyers stress the importance of legal frameworks that guarantee accountability, transparency, and accuracy in AI-powered systems.

The TUC is advocating for four primary legal reforms: mandating employer consultations with trade unions on using "high risk" AI applications, establishing a legal right for human review of AI decisions, amending data protection and equality laws to prevent algorithmic bias, and instituting a legal right for workers to disconnect from work communications, enabling them to carve out personal downtime.

The pandemic has acted as a catalyst for increased automation to maintain productivity amidst staff furloughs and redundancies. The TUC highlights this trend, warning that AI technologies are increasingly involved in making critical, life-altering decisions about employees’ futures.

Frances O’Grady, the General Secretary of the TUC, stated: “This is a pivotal moment. While AI has the potential to boost productivity and improve work conditions, it is currently making critical decisions, such as hiring and firing, that could lead to extensive discrimination and unjust practices, particularly for workers in precarious jobs and the gig economy.”

She emphasizes the need for AI to serve the betterment of workforce conditions rather than inflicting strict targets and jeopardizing worker dignity. The TUC is urging tech companies, employers, and the government to embrace these proposed reforms.

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