There are predictions that in the not-so-distant future, millions of jobs could be carried out by artificial intelligence (AI).

With the explosion of generative AI as a workplace tool, there is growing apprehension about the risks that this poses for people and employment. The future of the role of HR professionals is not exempt from this.

It may seem inconceivable that some, or many, of the various functions of human resources could be performed without the human. However, as the capabilities of AI improve, the question of whether there is a need to keep the human in human resources and other roles may be something that employers are forced to seriously consider as a cost-cutting measure.

Limitations and pitfalls of AI

At the moment, any employer considering using generative AI for HR purposes will need to navigate the many pitfalls it comes with, including an inability to distinguish between the reliable and unreliable content it sources and the fact that the output it produces is only as good as the input it receives from the instructing human. The current versions can't navigate imprecision and require very exact commands to be useful.

AI can also be manipulated by the user and contains biases as a result of the original source material it has been trained on. A good example of this is when Amazon discovered that the AI algorithm it had created to screen candidates to interview was subconsciously biased and repeatedly selected male CVs over female CVs - replicating the bias in the historical recruitment practices that had trained the AI.

There is also the minefield of data protection and privacy to circumvent in light of the data that generative AI processes to function, and the monitoring and surveillance algorithms it employs. All data subjects, including employees and prospective employees, have the right under current data protection legislation to be informed of automated decision-making and the right (subject to certain exceptions) not to be subject to decisions based solely on automated data processing.

That said, AI, even at its young stage of development can already perform an astonishing range of functions. It can write job descriptions, filter CVs, summarise complex grievances and case law, review a settlement agreement, draft scripts, letters and policies, prepare chronologies of disputes, write internal communications and generate audio for the same, analyse staff performance, benchmark salaries, minute meetings and create a professional headshot from a holiday photo. It could have even attempted to write this article (it didn't this time!).

Can AI replace people?

The question remains, can AI develop to such an extent that it is able to provide a realistic alternative to people in human resources teams? Can it ever possess the same level of skill, empathy, sensitivity, creativity and interpersonal skills needed in people centric roles like that of a human resources manager? Probably not. Only time will tell, but it does already seem inevitable that in the near future, certain aspects of a traditional human resources role will be increasingly resourced by AI. This will provide cost efficiencies and increase productivity, provided certain checks and balances are in place.

By using ChatGPT and other forms of generative AI to write job descriptions or draft letters or policies (even if as only as a starting point), overstretched human resource managers may be able to save precious time to focus on other duties where the AI algorithm option is not the best tool.

As well as considering how generative AI can be successfully implemented within the HR team, HR may also be required to proactively review whether other roles within their organisation could be supported by generative AI or potentially replaced by it. There is no doubt that employers will need to immerse themselves in this new wave of technological advancement to stay ahead. There will also be significant opportunities for those that adjust quickly to reap the benefits of the capabilities of generative AI, but in equal measure there could be significant consequences for jobs. Love it or loathe it, AI is going to be a disruptor and an opportunity that is here to stay.

Legislative protection

The threat to jobs posed by AI is not a worry unique to human resources. There is growing demand to legislate in this area. Current employment law has not been designed to protect workers against the intellect of generative AI but arguably provides some limited protection already. For example, an employee who is made redundant and replaced by generative AI may be able to assert that their dismissal was not within the range of reasonable responses and, therefore, unfair. If generative AI is used as a tool to select candidates for interview but, on account of its inherent biases, discriminates in this selection process, it is likely that the Equality Act 2010 could afford some legal recourse. However, this is new ground and currently untested, and whilst employment judges are adept at making decisions in cases that push the boundaries of the existing law, it is obvious that there will be a need for the Government to legislate in the long term.

The TUC has criticised the UK for falling short in preparing to protect workers from AI since some European countries are taking more interventionist approaches. A Government White Paper in March 2023: AI regulation: a pro-innovation approach - GOV.UK (www.gov.uk) sets out proposals for using existing regulations and regulators (including the ICO and ECHR) with a view to providing protection without stifling progress. This proposal was widely criticised, and various bodies have set out counter proposals which advocate for more regulation. Possible options for more interventionist reform are considered in a research briefing recently published by the House of Commons: Artificial intelligence and employment law - House of Commons Library (parliament.uk). This includes consideration of the Artificial Intelligence (Regulation and Workers' Rights) Bill 2022-23 that was put forward as a Private Member's Bill by a Labour MP and suggests various proposals to strengthen workers' rights against the potentially damaging ramifications of the increased use of AI in the workplace. Inevitably, there will be more debate on this topic to come.

In the meantime, until the law catches up, developing policies, providing internal guidance and educating staff on the appropriate use of generative AI is advisable.

Our concluding thoughts on this: a future world where a tricky conversation with an employee takes place with some form of AI human resource seems quite far-fetched right now, but not so long ago an AI generated actor replacing a real actor was also implausible. As the uptake in using generative AI in the workplace becomes more pronounced, legislating to protect the humans in human resources and other roles will inevitably eventually become the answer.

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