A new report published today [6 June] calls for a new generation of rights to protect workers from the rise of "management by algorithm."

The report produced by the Institute of Employment Rights says that algorithmic management threatens to degrade workers' rights and conditions and that current protections in the law are inadequate in the face of technological change.

To address this, the report's authors from the universities of Southampton and Bristol are setting out a new generation of rights for the era of algorithmic management at a launch event in London today attended by fellow legal experts, union leaders, and policy makers.

"Technology has revolutionized the way we work in the last 30 years," says Dr. Joe Atkinson, a lecturer in employment law at the University of Southampton and co-author of the report. "Now, it is radically changing the way that we are managed at work.

"Algorithms are doing the jobs of line managers in the way many workers are recruited, directed, and disciplined. These management systems generate recommendations through complex algorithms, underpinned by huge amounts of data processing about workers and workplaces.

"These practices pose a pressing threat to the enjoyment of decent working conditions, as well as to the effective use of worker voice and workers' exercise of their human rights."

More and more workers are being managed by algorithms, from warehouse staff who carry handheld devices that issue instructions and track their movements, to drivers who can be issued with a "log off" penalty if they fail to comply with rules regarding cancellation and acceptance of tasks. The use of such systems accelerated during the pandemic as employers sought to monitor, manage and control newly remote workforces.

"The U.K. has so far taken a 'hands-off' approach to regulating algorithmic management, and not introduced any legislation specifically targeting these practices" says Dr. Philippa Collins, a senior lecturer in law at the University of Bristol and co-author of the report.

"While there are some existing legal frameworks that should guide and constrain employers' use of algorithmic management systems, these are not capable of effectively protecting workers."

The report sets out three areas in which algorithmic management impinges on workers: worker voice, quality of work and working conditions, and workers' human rights.

The lack of transparency and complexity of algorithmic management systems are a major barrier to workers challenging their outputs. The TUC found that only 21 percent of workers surveyed were confident that they or their union could effectively challenge decisions made by these systems.

The report highlights several ways algorithmic management reduces the quality of work including the intensification of pace of work; a reduction in autonomy and deskilling of labor; and increased control exercised over the workforce due to constant monitoring and evaluation.

This systematic collection of data also affects our right to privacy. Systems have also been known to make biased and discriminatory decisions affecting workers' right to equality and non-discrimination—a hiring algorithm had marked applicants down if their CVs contained the word "women's."

More information: Atkinson, Joe and Collins, Philippa, Algorithmic Management and a New Generation of Rights at Work (February 01, 2024). Institute of Employment Rights (2024), papers.ssrn.com/sol3/papers.cf … ?abstract_id=4853536