David in Personnel Today – Computer says Go – Danger of robot dismissals
Due to Covid-19, businesses are becoming more and more reliant on technology and AI in managing their people (who are often working remotely)
AI is also increasingly being used in employment and quasi employment relationships (as with the Uber drivers).
In the UK, Uber drivers are currently classed as workers (half way between employees and contractors) whereas in a recent case in California Uber driver have just been classed as employees.
Uber drivers are data subjects under GDPR because Uber holds personal data about them.
Under the GDPR Article 22, Uber is not allowed to make a decision to terminate the contract with the Uber driver based solely on data under an automated process.
The case in the Netherlands is being brought by Uber drivers who allege that their contracts were terminated in effect by a robot.
Read David’s comments in Personnel Today and HR Review on the risk for businesses in over-reliance on AI.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
