Does AI write good employment contracts?
Artificial intelligence (AI) has made a remarkable impact since it first came into popular consciousness in 2023; wowing people with its vocabulary, efficiency and apparent insight. But scratch a little below the surface and it is riddled with shortcomings which can trip up the unwary.
Asking AI to write an employment contract is a classic case in point (and incidentally, before AI the same risks applied to Googling “employment contracts”).
AI can write an employment contract. It can write one quickly, and at little to no cost up front. But it is unlikely to be a good employment contract.
And by the time you find this out, it may be too late and cost you big down the line: either locking you into terms which are unnecessarily disadvantageous to you, being unenforceable then you try to protect your imagined rights or being plain wrong on key legal points.
So what could go awry? Here are three particular dangers.
The first is factually incorrect information. Most likely this will come from AIs scouring outdated sources, or laws from a different jurisdiction. Employment law is constantly changing and so it is relatively easy for an AI to draw on a source from six months ago, only for it to be out of date now – AI being AI, it does not know any better.
That said, when it comes to factually incorrect information, AIs are also more than capable of just making something up too.
The second danger is that AI will not on its own understand the context of your business and the people in it. This can lead to it inserting clauses that are inappropriate; or omitting ones which are essential.
The third risk is the fact that there is no backstop with an AI. It has no legal or professional qualifications, so when it goes wrong you are on your own. Compare this to our own employment contract service at The HR Dept. You’ll find ours is underpinned by decades of collective industry experience, legal counsel and, in the case of our Advice Line service, tribunal indemnity insurance.
In fact, if you are looking for a third way between the full cost of an employment solicitor and the Wild West of AI, we are your perfect solution. For an employment contract review, please get in touch.
A look at reverse mentoring
At first mention, reverse mentoring may sound counter-intuitive: the young and inexperienced mentoring their older peers.
But it has a long track record of success in certain circumstances – pioneered in the mainstream by legendary CEO of General Motors, Jack Welch, in the 1990s. Back then, it was to harness the knowledge which young early adopters of the Internet had within his organisation, to ensure that the older executives kept up sufficiently with the times.
Now, of course, the Internet is embedded in all our lives, but the pace of change quickens. Today’s emerging technologies and trends include artificial intelligence, the commercial relevance of the latest social media platforms and differing perspectives on societal issues like mental health awareness.
It won’t work for every business, with the staffing dynamics, nature of operations and organisational needs among the factors which will determine whether reverse mentoring is for you.
If you see a need in your business, though, how should you go about implementing it?
Well, there is no set formula. We would suggest a good framework would be to identify the specific needs you are trying to meet – for example, using younger workers to help older workers engage effectively on LinkedIn. Explain how this fits into your wider business strategy: why it matters!
Then, match mentor and mentee appropriately – people that will get on and engage with each other. Give them set time and a structure to follow (like 30 mins every fortnight or whatever works), training or guidance as appropriate.
Don’t just leave them to it. Agree how long the mentoring programme will last and how you will check in with progress. For it to have been worthwhile, you will want tangible outcomes to have been reached, ones which can be seen to have moved the business forwards.
“Play it again, Sam. We’ve got a licence!”
Whether you run a retail business, an office, a medical practice or factory, background music may be one of the key ingredients for a pleasant workplace for staff and customers alike.
But did you know that copyright law means such music played in your workplace counts as a public performance and that you need a licence for that?
The licencing body (an amalgamation of PRS for Music and Phonographic Performance Limited) is called PPLPRS, and you choose your licence based on sector, number of employees and other factors. In an office, for example, it currently starts at 45p a day.
It is another cost, unfortunately. But many businesses will consider it worthwhile, given the positive impact music can have in workplaces. In one survey quoted by PPLPRS, 89% of respondents said playing music helps lift the atmosphere at work. You can get a licence here, and talk to us if you want to explore other ways of creating a positive workplace culture.
Video killed the social media star?
What kind of emoji sums up your attitude to social media? An eye roll, tears of laughter, a love heart or maybe the angry cursing face? 🙄😂♥️🤬
However you feel, the chances are that if you have a few employees, they will each have a different perspective with some, perhaps, absolutely loving it.
Left unchecked they might scroll away their days, make inappropriate comments about colleagues, disparage your brand, get into public rows sharing controversial opinions… The most dedicated amongst them may go as far as producing their own regular video content.
After all, their audience must be clamouring for their next “Day in the life of…” TikTok. But just imagine if they filmed at their desk accidentally capturing confidential information.
That is why every business should have a social media policy now, regardless of how much you officially engage with such platforms. Not only does it clearly set boundaries, but it also makes it much easier for you to deal with a problem, should it arise.
According to a survey by a global recruiter, one in five employers has fired someone for something they posted on social media. A social media policy is your first line of defence against joining them.
Smile! You’re on CCTV
A popular chain of bakeries has been criticised for allegedly monitoring staff via CCTV systems, although the company itself denies it.
Employee relations were already at a low. Staff complained that despite the company growing turnover by nearly 30%, they experienced understaffing, overworking and trouble getting full-time hours. They described the company culture as stressful and alienating.
The allegations continued with staff saying they were told management would view CCTV footage randomly to monitor break times, phone use and eating by employees. The company has publicly countered this saying they only use it from a safety and standards perspective.
It shows what a contentious area CCTV in workplaces can be. There may be an implicit lack of trust when it is called upon. Privacy laws are strong and apart from in extreme circumstances, you must always inform staff of CCTV use and its purpose.
If you want to monitor staff with CCTV you’ll need to go through a process: conduct a data protection impact assessment (DPIA) which concludes it is necessary, write a CCTV policy and inform all staff of what it is, including signposting where it is used.
As we’ve said, the trust issue this raises may make it more trouble than it is worth. Talk to us about this or alternative solutions if you need help.
Maternity leave and career progression
A complex case involving a now RAF sergeant serves as a reminder that a pregnancy should not put a woman at disadvantage in her career with you.
The employee in question missed an earlier opportunity for promotion to sergeant because a medical board appointment was cancelled (not by her) when they found out she was pregnant.
The ripples of this decision spread over subsequent years impacting her career progression and earnings, she claims. An employment appeals tribunal now says that her case can be heard for pregnancy and maternity discrimination.
It’s right that women are protected when they become pregnant, but even well-meaning employers can get something wrong. Our advice will help you make the correct choices every step of the way, so do get in touch if you have to deal with a case of maternity.
