Artificial Intelligence (Regulation and Employment Rights) Bill

Automatic unfair dismissal: Unfair high-risk decision-making

1. The Employment Rights Act 1996 is amended in accordance with paragraphs (2) to (4).
2. After section 104G insert –

   “104H Unfair high-risk decision-making

   1. An employee who is dismissed is to be regarded as unfairly dismissed if the reason (or if there is more than one reason, the principal reason) for the dismissal is unfair reliance on high-risk decision-making within the meaning of the Artificial Intelligence (Regulation and Employment Rights) Act 2024.
   2. On a complaint that an employer has not complied with subsection (1) it is for the employer to show that the high-risk decision-making is fair.
   3. The tribunal must examine the extent to which the employer has complied with any obligations under sections 14 to 18 and 21 of the Artificial Intelligence (Regulation and Employment Rights) Act 2024.”
3. After section 104(e) insert –

   “(f) the rights conferred by ss 14 to 18 and 21 the Artificial Intelligence (Regulation and Employment Rights) Act 2024”.

4. After section 108(3)(gm) insert –

   “(gn) section 104H applies”.

Automatic unfair dismissal: Right to disconnect

1. (1) The Employment Rights Act 1996 is amended in accordance with paragraphs (2) to (3).
2. (2) After section 104H insert –

   “104I Right to disconnect

   1. (1) An employee who is dismissed is to be regarded as unfairly dismissed if the reason (or if there is more than one reason, the principal reason) for the dismissal relates to the employee’s failure or refusal to monitor or respond to any work-related communications, or to carry out any work, outside of the worker’s normal working hours in so far as section 63L applies.”
3. After section 108(3)(gn) insert –

   “(go) section 104I applies”.

Remedy

1. Section 112 Employment Rights Act 1996 is amended to add after (4) –

   “(3A) Where the dismissal is unfair pursuant to section 104H, the tribunal may make a recommendation to the employer to ensure that there is no repetition in accordance with Part 11 of the Artificial Intelligence (Regulation and Employment Rights) Act 2024”.

2. Section 118 Employment Rights Act 1996 is amended to add after (4) –

   “(5) Where the tribunal makes an award of compensation because the dismissal is unfair pursuant to section 104H, it will not bar the employee 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.”

Interim relief pending determination of complaint

Section 128(1)(a)(i) of the Employment Rights Act 1996 is amended by substituting “, 103A or 104H” for “or 103A”.

Definitions

1. The Employment Rights Act 1996 is amended in accordance with subsection (2).
2. After section 134A insert –

   “Section 134B

   1. In this Part, “Artificial intelligence system” has the same meaning as section 3 in the Artificial Intelligence (Regulations and Employment Rights) Act 2024.
   2. The terms “artificial intelligence value chain”, “high-risk”, “decision-making”, “data”, “processing” have the same meaning as sections 4 to 8 in the Artificial Intelligence (Regulations and Employment Rights) Act 2024 when used in relation to artificial intelligence systems.”