Artificial Intelligence (Regulation and Employment Rights) Bill

Prohibition on detrimental treatment due to emotion recognition technology

No high-risk decision-making using emotion recognition technology may be used which is, or might reasonably be expected to be, to the detriment of a worker, employee, or jobseeker.

Complaint to an employment tribunal

1. A worker, employee or jobseeker may present a complaint to an employment tribunal that an employer has acted contrary to section 21 in so far as they are personally affected by the alleged breach.
2. An employment tribunal may not consider a complaint under this section after the end of —
   1. the period of 6 months starting with the date of the act to which the complaint relates, or
   2. such period as the employment tribunal thinks just and equitable.
3. For the purposes of subsection (2)—
   1. conduct extending over a period is to be treated as done at the end of the period, and
   2. a failure to do something is to be treated as occurring when the person in question decided on it.
4. In the absence of evidence to the contrary, a person (P) is to be taken to decide on a failure to do something –
   1. when P does an act inconsistent with doing it, or
   2. If P does no inconsistent act, on the expiry of the period in which P might reasonably have expected to do it.
5. Section 207B Employment Rights Act 1996 (extension of the time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).
6. For the purposes of subsection (3), in deciding what other period is just and equitable, the employment tribunal shall take into account-
   1. any steps taken by a trade union or an employee, worker, or jobseeker to attempt to persuade an employer to comply with section 21 without recourse to litigation, and
   2. the extent to which the use of the high-risk decision-making has been observable and transparent.

Remedy

1. Where an employment tribunal finds a complaint under section 21 well- founded, the tribunal may –
   1. make a declaration to that effect,
   2. make an award of compensation to be paid to the worker, employee, or jobseeker, in respect of the act or failure to act to which the complaint relates, and
   3. make a recommendation in accordance with Part 11 to the employer as to the steps necessary to remedy the breach of this Act and to ensure that there is no repetition (a breach of which will attract additional compensation).
2. The amount of compensation further to subsections (1)(b) and (c) shall be such as the employment tribunal considers just and equitable in all the circumstances having regard to the infringement to which the complaint relates but shall not exceed a maximum sum of £xx.
3. An award of compensation pursuant to subsection (1)(b) will not prevent the worker, employee, or jobseeker from seeking a remedy for the infringement of their rights and entitlements under other legislation, but the principle of no double recovery for the same loss shall apply.
4. The Secretary of State shall make regulations by order to set the initial maximum compensation and for a mechanism to update the maximum sum in subsection (2) on annual basis after consultation with such employer and employee organisations as he considers appropriate.