While AI may not have been an election battleground, a Labour Government will certainly mean a change from the Conservative’s ‘pro-innovation’ agenda, which gave rise to a laissez faire approach to mandatory legislation. Whilst we do not yet have full details, Associate Liz Pearson and Partner Merrill April consider what a Labour Government may mean for AI in the workplace. For our earlier introduction to AI and considerations for employers, see here.
Party Manifesto
The Labour Party released its manifesto on 13 June 2024. The manifesto contains brief reference to Artificial intelligence, within its section covering economic growth and innovation. Two key plans are the creation of a new Regulatory Innovation Office (RIO) and regulations for ‘the handful of companies developing the most powerful AI models’.
Labour states that current regulators are ‘ill-equipped’ to manage these new, cross-sector technologies. The RIO will ‘bring together existing functions across government’ and ‘help regulators update regulation, speed up approval timelines, and co-ordinate issues that span existing boundaries’.
The actual scope of the RIO is unclear, as is the kind of regulation that will be enforced upon those handful of key AI companies. The House of Commons Committee report on Governance of artificial intelligence (AI) – which was published on 28 May, just before Parliament was dissolved on 30 May – stated the next Government should be ready to introduce AI-specific legislation, but did not suggest any models for such legislation. Notably, the report stated that the EU approach ‘has been criticised for its top-down, prescriptive approach’, which suggests that there is no immediate plan to legislate broadly in the UK.
In the EU, the AI Act will come into force from 1 August 2024, with phased implementation from February 2025. In addition to the 27 Member States, UK and US businesses with customers in the EU will have to comply with the Act.
AI in the Workplace
Labour also published its ‘Plan to Make Work Pay: a New Deal for Working People’. AI is referenced regarding technology and surveillance. Labour states it will work with workers, unions, employers and experts ‘to examine what AI and new technologies mean for work, jobs and skills, and how to promote best practice in safeguarding against the invasion of privacy through surveillance technology, spyware and discriminatory algorithmic decision making’.
Labour states that ‘at a minimum’ it ‘will ensure that proposals to introduce surveillance technologies would be subject to consultation and negotiation’.
Trade Union Involvement
Labour stated its strong commitment to involving trade unions in its reforms and, in turn, trade unions can be expected to advocate for their agenda. For the Trades Union Congress (TUC), its reform agenda comes in the form of the Artificial Intelligence (Regulation and Employment Rights) Bill (TUC Bill). The TUC Bill adopts the European Union’s risk-based approach to AI, as per the AI Act.
The TUC Bill also contains other measures, such as incorporating a right to disconnect in the Employment Rights Act 1996. This seemingly aligns with Labour’s ‘right to switch off’, as set out in its New Deal, where it is indicated that a voluntary model, similar to those in Ireland and Belgium, is likely to be adopted.
Next Steps
The UK Parliament reopened on 17 July 2024, and the new Prime Minister stated that his government ‘will seek to establish the appropriate legislation to place requirements on those working to develop the most powerful artificial intelligence models’.
The extent and timing of change as regards AI in the workplace remains to be seen at this time.
