Can I use AI to get my work done faster?

With the recent headlines about Chinese AI startup, DeepSeek, shocking the US stock market, by introducing its low-cost AI (Artificial Intelligence) assistant, let’s take a look at the risks for UK employees in using AI to help them at work.

What is Generative AI?

Generative AI (or GenAI) is a type of artificial intelligence that creates new content, such as text, images, or music, by learning from existing data patterns. It generates outputs that are original, but similar to the data it was trained on (this definition was kindly produced by AI software, ChatGPT!).

The use of GenAI in the workplace

As the popularity and awareness of GenAI increases, so will the number of employees who think about using it to enable them to do their work more quickly and efficiently, particularly as it has developed to become a great tool for handling various time-consuming tasks, including document creation, summarisation and research.

In a recent survey by Deloitte, almost 1 in 5 GenAI users said they thought ‘a great deal’ of employees use GenAI without their employer’s explicit approval.

We advise clients facing investigation/disciplinary proceedings in relation to such use.

Some large employers will have their own GenAI platform which allows their staff to utilise GenAI safely in a ring-fenced data environment. Such employers will also have policies which outline to employees what use can be made of that GenAI tool. Many other employers, however, will have no such platform in place and nor will they have clear policies setting out whether and if so how GenAI can be used in the workplace.

GenAI and its use by employees brings a number of concerns for employers around data security, confidential information, IP and determining employee performance levels.  In policing those concerns employees at fault may face disciplinary action.

Advice for employees

Employees should checking whether their employer has a ring-fenced GenAI product/platform and whether it has a policy governing such use, in order to make sure they are complying with, and following, those guidelines.

Employees should not assume that your employer has agreed to them using GenAI just because they are aware that their colleagues are doing so.  If in doubt clarification from a manager should be sought.

In the absence of a ring-fenced employer GenAI platform/product and in the absence of a specific policy governing the use of GenAI, employees should be aware that other related policies may also cover/capture such use, including those dealing with data privacy and the use of confidential information.

As a rule of thumb and in the absence of an employer ring-fenced GenAI platform,  it is best to assume that extracting data from work and processing that data using GenAI on an external platform is likely to amount to a breach of data/confidential information company policies and therefore likely to result in disciplinary action.

If you are experiencing issues at work, please contact David Greenhalgh, Employment Lawyer London for advice as to how we can support you.