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Lord Clement-Jones (LD)

Speaking in the House of Lords on 5 June 2025

Debate

Employment Rights Bill

Contribution

My Lords, first of all, I must make my apologies that this is my first contribution to the Bill. I have waited until day 7—I am not quite sure that that is entirely my fault—but it is a pleasure to speak in this group, particularly as I know that the noble Lord, Lord Holmes, is on the same page, even if he has put forward a different set of amendments. In moving Amendment 148, I will also speak to Amendments 149 and 150. I hope that these amendments are of interest to the Committee; they are certainly close to my heart. They address the profound and rapidly evolving impact of artificial intelligence systems on the modern workplace. Reports by the Institute for the Future of Work and the All-Party Group on the Future of Work paint a clear picture: the wide spread of AI at work is transforming lives and livelihoods in ways that have plainly outpaced or avoid the existing regimes per regulation. The impact of AI will be profound and, although there are potential benefits, there are also significant risks or impacts on employment rights and conditions in the workplace. We must make sure that AI benefits are realised but also that the detriment is avoided. As the All-Party Group on the Future of Work found, there is an urgent need to bring forward robust proposals to protect people and safeguard our fundamental values in the workplace. Existing regulatory frameworks are strained. Technical approaches commonly deployed before deployment of algorithmic systems are often inadequate. That is why a systematic framework for accountability is urgently required. The workplace AI risk and impact assessments—WAIRIAs, as we have coined them—proposed by these amendments, are intended to provide such a framework. As the Institute for the Future of Work and others have argued, mandating such regimes of impact assessment is a practical response to a deficit of responsible foresight. It is important for WAIRIAs to be made a legal requirement and for accompanying guidance to be issued to outline a framework. Amendment 148 defines what constitutes an “AI System” in this context as: “an engineered system generating outputs from inputs using algorithmic techniques”. That very clear definition ensures we are all addressing the same technology when discussing its regulation. Amendment 149 introduces the cornerstone requirement for workplace AI risk and impact assessments. This amendment mandates that: “Before implementing or developing an AI system which may have significant risks or impacts on employment rights and conditions in the workplace, an employer must conduct a workplace AI risk and impact assessment”. The rationale for this is crucial. AI systems can have a potential significant risk or impact on areas vital to workers, including: “the identification or exercise of rights … work access or allocation … remuneration or benefits … contractual status, terms or conditions …” and even “mental, physical or psychosocial health”.

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