The rapid development of Artificial Intelligence (“AI”) tools over the years has been eye-opening. AI has evolved from simple rule-based systems to intricate systems that mimic aspects of human cognition. We are seeing an increase in the use of AI in the workplace, and whilst there are benefits to this, such as enhanced efficiency and productivity, employers are warned to act cautiously, and not to overly rely on AI to “manage” their workplace.
Potential Pitfalls of AI in the Workplace
Incorrect Facts
AI is not always right, and just like humans, AI systems can make mistakes and can misinterpret the question asked or the data ingathered. In 2023, a lawyer in New York used ChatGPT to prepare a filing, but the AI bot delivered fake cases that the lawyer presented to the court. This prompted a federal judge to issue a standing order requiring that anyone appearing before the court must either certify that no portion of any filing will be drafted by AI, or indicate any language produced by AI so it can be checked for accuracy.
Key Takeaway: do not rely solely on AI. Do your research and fact-check.
Bias and Discrimination
An AI algorithm can be tainted by historical bias or discrimination. An example of this was the case of Pa Edrissa Manjang v Uber Eats UK Ltd, Uber Portier BV and Uber London Ltd (3206212/2021). The claimant is a black male of African descent, who raised claims of racial harassment and discrimination. The issue? Facial recognition. The Respondent’s Uber Eats app had verification checks, that required drivers to take ‘selfies’. The app permanently suspended the claimant from their platform on the basis that ‘after receiving information that you have shared your Uber Eats delivery partner account on multiple occasions…’. The Claimant alleged that the facial recognition software did not work as well with people of colour and resulted in his account being wrongly deactivated. Although the case didn’t progress to a final hearing and was settled out of court, it certainly highlights the risks of relying so heavily on AI.
Employee use of AI in the workplace
A number of employers have faced the difficult task of dealing with an employee who has used ChatGPT to complete their work, which has resulted in incorrect results. The problem facing many employers is that they don’t have any guidance or rules around using AI at work. It is therefore worth considering implementing an AI policy to provide guidance on what is acceptable/not acceptable and what the consequences could be if employees breach the policy. A good AI policy could also stipulate how a company uses AI for monitoring or what specific AI measures are in place.
AI will undoubtedly continue to grow and embed itself in the workplace. Employers should remain vigilant to reduce the risk of claims within and against the business, and should continue to retain a degree of human involvement in their managerial or monitoring processes.
If you have any questions or would like to discuss implementing an AI policy, get in touch with a member of the Aberdein Considine Employment Team.
