With the UK now under a Labour government, the Trades Union Congress (TUC) holds significantly more sway than it has in the past 14 years. While the full implications of this shift are yet to be determined, one notable area of potential impact is the regulation of artificial intelligence (AI) by employers.
The TUC’s Artificial Intelligence (Regulation and Employment Rights) Bill
The TUC has previously introduced its Artificial Intelligence (Regulation and Employment Rights) Bill (the “Bill”). This legislative proposal seeks to regulate the use of AI by employers, particularly concerning the rights and interests of workers. The Bill targets scenarios where AI systems are involved in ‘high-risk decision-making’ processes—decisions that can have legal or significant consequences for employees, workers, or job seekers.
Key Provisions of the Bill
- Consultation and Annual Reviews
The Bill mandates employers to consult with trade unions when proposing high-risk AI decision-making systems. This consultation is not a one-time requirement but includes ongoing annual reviews to ensure continued compliance and transparency. - Data Sharing with Trade Unions
Employers must share any data collected about union members with the trade unions. This provision aims to enhance transparency and allow unions to effectively advocate for their members’ interests. - Workplace AI Risk Assessment
Before engaging in high-risk AI activities, employers and their agents are required to conduct a “Workplace AI Risk Assessment.” This comprehensive assessment must consider health and safety, human rights, equality, and data protection issues, ensuring that AI deployment does not compromise these critical areas. - Worker Consultation and Transparency
Employers must consult with workers before deploying AI systems. Additionally, they must be transparent about the use of such systems in decision-making processes, maintain a register of AI systems in use, and provide personalized explanations to employees regarding any AI-driven decisions affecting them. - Explicit Prohibitions
The Bill outlines several explicit prohibitions, including:
– Banning the use of high-risk AI applications in decisions related to employee dismissal.
– Restricting the use of emotion recognition technology where it could negatively impact workers. - Anti-Discrimination Measures
The Bill prohibits discrimination through the use of AI and amends the Equality Act 2010 to shift the burden of proof onto employers. Employers must demonstrate that no discrimination occurred in AI or human-led decisions. They are only exempt from liability if they can prove that they did not create or modify the AI systems and conducted thorough audits with procedural safeguards before deployment.
Conclusion
Although these proposals may never become law, the likely increased influence of the TUC under the new Labour government suggests that worker rights and protections will be a focal point of future legislative efforts. Employers need to stay informed and proactive in understanding these possible developments.