Algorithmic Management and a New Generation of Rights at Work

Technology has revolutionised the way we work in the last 30 years. Now, it is radically changing the way that we are managed at work. Rather than a traditional line manager, many workers are recruited, directed, and disciplined by management systems that generate recommendations through the application of complex algorithms and are 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 to workers’ exercise of their human rights. Whilst there are existing rights and regulations that should inform the development and deployment of algorithmic management systems, these are ineffective in several ways. In addition to shortcomings in the content of current worker protections, there are significant barriers to access to justice that prevents workers from enforcing these rights, and those most affected by these innovations will often fall outside the protective scope of the regulations. A new approach is necessary. The participation of worker representatives in decision-making regarding the use of technology in the workplace must be enhanced: expertly trained and well-informed Technology Representatives should be introduced, alongside a reduction in the barriers to collective negotiation and action that currently prevent the effective representation of workers’ interests in the workplace.

Strengthened worker voice must also be complemented by a novel framework of rights and responsibilities tailored specifically to the challenges created by algorithmic management. These would include guarantees that systems are implemented in a manner that respects human rights, a right to contest any decision made, and prohibitions of some technologies that amount to an unjustifiable interference with the rights of individuals. Rather than being limited to labour law’s historic
categories of ‘employee’ or ‘worker, any individual whose working conditions are determined or influenced by algorithmic processes should benefit from these rights. Enforcement of these and other relevant provisions should be strengthened by establishing a new regulator withresponsibility for licencing and ensuring compliance of algorithmic management systems. In addition, joint liability for rights infringements should be imposed on any companies developing and marketing
algorithmic management tools, to ensure that working people’s interests are adequately considered at all stages of the technological life cycle.