It is being rolled out in multiple workplaces for various different functions, and the benefits are evident. That being said, there are risks involved that companies should be aware of:
- Generative AI can get things wrong, whether this is as a result of input error or otherwise and it may be dangerous to rely on it as a key source of information;
- It may not be best suited to a client’s requirements when using the software, especially if the advice is tailored to unique circumstances such as an employee’s grievance;
- It can create an unreliable work product if not managed correctly;
- Depending on the type of generative AI it may only utilise a database of information up to a certain date. This makes it difficult when dealing with UK employment law as the landscape is constantly changing and the information may not take account of a legal change happening in the near future.
We recommend employers consider rolling out a ‘Use of Generative AI Guidance’ document before it creates problems. The guidance should cover a variety of potential issues, some of which include:
- Members of staff being required to think about when to use Generative AI as opposed to using it universally. It may not be suitable for dealing with future issues, where the information is not available on that data model;
- Members of staff need to be aware of the limitations of the software being used, such as the factual accuracy of the content, and using it as a source of information, rather than the only source;
- All Generative AI produced work needs to be carefully checked by human eyes before being approved;
A key question that arises concerning generative AI is whether the ownership of works generated by it, is subject to UK copyright law? The use of a generative AI system may require express terms on ownership.
It looks like generative AI is going to be the future.
If you want a robust guidance document dealing with generative AI in the workplace, we are happy to prepare this for you and please do drop us a line.
Jones Chase is a specialist employment law firm based in the centre of London with an excellent track record of looking after those that we assist.