A report, 'Algorithmic management and a New Generation of Rights at Work', published by the Institute of Employment Rights has raised concerns about the impact on workers when their work is managed by computer algorithms rather than people.
The report concludes that current protections in the law are inadequate in the face of technological change and calls for a new generation of rights to protect workers from the rise of "management by algorithm".
The report notes that, in some industries, some workers are managed by apps and some may be recruited, managed, disciplined and dismissed without any human contact. Examples include warehouse staff carrying handheld devices that issue instructions and track their movements, and drivers who can be issued with a "log off" penalty if they fail to comply with rules relating to the cancellation and acceptance of tasks. The report notes that the use of such systems accelerated during the pandemic as employers sought to monitor, manage and control newly remote workforces.
The report highlights the lack of transparency around decisions taken by algorithms which make it difficult for workers to understand how they are being assessed and managed. It notes that laws used to protect workers are often ineffective against the issues that arise from algorithmic management. For example, discrimination law requires individuals to know that they have been discriminated against. In many cases workers will be unaware that a particular algorithmic system is potentially discriminatory and will be unlikely to be able to access the information they would need to demonstrate this.
The report recommends that algorithmic management systems are deployed in a manner consistent with workers' human rights. It also recommends that there should be a right for workers not to be subject to algorithmic management for certain decisions, such as a decision to terminate. There should be a right to have a human explanation of managerial decisions taken by algorithmic systems, and there should be a prohibition on invasive monitoring or processing of data such as the physical or psychological state of workers or their trade union activities.
