When I am out networking this is the most common topic of discussion these days – AI. And the question is usually, is it safe, is it the easy and economical substitute for human acumen, or is it like the Extra Terrestrial in business, which nobody can make any sense of, because it has a mind of its own.
Below I outline some of the common observations in the day to day work of an HR consultant.
Talent management
Pros: As a small business owner, time is always evading us. It feels the worst when a staff member resigns either with or without notice. AI proves handy when you need to get that job advert out quickly but efficiently. I have personally found it quite helpful to create job descriptions and a job advertisement, provided one has given clear instructions to an AI tool, on what the non-negotiables of the role are. Like with anything else, you are able to add, amend or delete specific requirements depending on what your AI tool generates for you.
Cons: I have known businesses to use AI, albeit inadvertently, to screen candidates before a telephone interview. This is not advisable if your job advert is not explicit that you will be using AI to screen candidates. As far as candidates are concerned, you are getting this done by a recruitment agent or your HR department. Nor have they given any consent to their data being fed into, and permanently archived within an AI tool. Worse, the AI tool which you are entrusting with the responsibility to screen candidates probably has no awareness of cultural diversities and might land you in ‘uber’ hot litigation if you are not careful. Refer caselaw on Uber Eats if you would like to know more.
Employment law in the workplace
Pros: As a full time HR consultant running an advice line for clients, I always find it useful to remain abreast of case law, not to mention, that it makes for interesting reading. AI is handy if you are looking for generic information on the law and some older case laws. It saves you the time of having to search through various search engines to find related case laws in one specific area of the law. It can also be useful to draft a generic policy for your business.
Cons: AI is however not advisable if you are seeking to understand the application of the law and/or case laws in a given employee situation. For example, if you wished to understand whether someone is a contractor, worker, or an employee, then AI is not the place you want to be looking, to find answers. Speak to your trusted HR consultant, who will be happy to help you.
Operational HR
Pros: AI is again helpful if you want to verify your annual leave calculation for a worker who works fairly consistent hours. Or even calculate a straightforward redundancy pay package. Basically it is a good place to verify your calculations assuming they are straight forward. For anything complex, or in doubt, you would be better off seeking advice.
Cons: Having said the above, it is not advisable to use an AI tool to decide how a specific staff issue must be resolved. ACAS provides employers with basic tools and guidance on how a contentious situation must be approached. This would be a reliable first port of call, failing which, seek professional advice, especially in cases where there may be a protected characteristic to consider besides the prima facie issue on hand.
I was recently assisting a business with an Occupational Health referral. The business originally fed the employee’s condition into Chat GPT and was given a far serious prognosis than what the OH report indicated. Had the business relied on Chat GPT prognosis alone and thereby dismissed the employee or failed to employ reasonable adjustments, they may have been hard pressed to justify the dismissal to a tribunal. Remember tribunal awards for discrimination claims, if upheld, are uncapped.
It is important that you understand the limitations of AI mainly in relation to:
1. Which situations AI can be an optional tool to use.
2. Awareness of what extent you can rely on it, if and when you choose to use it.
3. Any audits you need to carry out after using AI tools for any area of work
4. Ensure compliance with GDPR and any other privacy laws when using AI for people matters
5. Lastly, when not to use AI…at least not just yet!