When Your Company Embraces AI Monitoring at Work
Artificial intelligence is becoming part of everyday life across the UK, which means that employers are embracing AI monitoring in the workplace. Many people only notice AI when they use ChatGPT or speak to a virtual assistant. However, AI is increasingly used by employers behind the scenes. It can track productivity, monitor behaviour, flag performance concerns or assist HR teams with decision making.
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If you are an employee, you may wonder what your employer can and cannot do. You may also have concerns about how reliable and fair AI tools actually are. As more organisations turn to digital systems and automated decision making, it is important to understand your rights and your employer’s responsibilities.
We support employees across England and Wales with grievance issues, tribunal claims and workplace disputes. This guide explains AI monitoring at work - what risks come with it, and what you can do if you believe AI has affected your treatment at work.
How Employers Are Using AI Monitoring at Work
AI can support routine processes or help employers understand patterns across their workforce. Some businesses use it to automate simple tasks. Others use it to monitor staff behaviour, measure productivity or identify performance concerns before managers spot them.
Some examples include performance scoring tools, behaviour tracking systems, software that logs keystrokes, automated customer service monitoring and AI systems that evaluate sick leave or absence patterns. Employers may also use AI to shortlist candidates during recruitment, assess employees during performance reviews or assist with investigations and grievance decisions.
In many cases AI can improve efficiency. It can help managers identify where support is needed, avoid delays and reduce bias in some processes. However, AI can also make mistakes. It can misunderstand context, reinforce stereotypes or reach conclusions that appear objective but are actually built on flawed data.
Because of this, the law places strict duties on employers who use AI to monitor staff or make decisions that affect their employment.
Your Legal Rights When Your Employer Uses AI in the Workplace
If AI is used in a way that collects data or influences how you are treated, you have protections under UK law. These come mainly from data protection rules, discrimination law and the employer’s general duty of care.
1. You have the right to know
Businesses cannot secretly gather personal data through AI systems. If monitoring software is used, your employer must tell you what data is being collected, why it is being collected and how long it will be kept. This must be explained in privacy notices and policies.
2. You have the right to fairness
AI tools must not place you at a disadvantage because of a protected characteristic under the Equality Act 2010. If the system makes incorrect assumptions that affect people differently based on race, disability, age, sex or other protected characteristics, the employer may be liable for discrimination.
3. You have the right to human review
If AI contributes to a decision that affects your job, such as a performance rating or disciplinary outcome, you have the right to ask for an explanation and request that a human reviews the decision. Decisions about your employment cannot rely entirely on automated systems.
4. You have the right to challenge inaccurate data
If the AI collects information that is wrong or misleading, you can request correction. You can also challenge unfair treatment that results from flawed AI analysis.
5. You have the right to privacy
Monitoring must always be proportionate. This means your employer must balance its own business interests with your right to private life. Excessive or intrusive tracking, especially outside of working hours, is unlikely to meet legal standards.
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The Risks of AI in the Workplace for Employees
AI can reduce administrative work for HR teams, but it creates several risks for employees. These risks are the reason that questions about AI and employment rights are on the rise.
Some systems may interpret normal behaviour as unusual. For example, a customer service tool might flag innocent phrases as unprofessional or aggressive. A productivity tracker might misunderstand breaks that are related to disability or health conditions. AI could flag performance patterns that have an innocent explanation, such as project variations or system delays.
There is also a privacy concern. Some workers feel pressured when monitored by AI, especially if systems track keystrokes, log activity on devices or record movements around the workplace. These tools can create a sense of surveillance that affects stress levels and wellbeing.
Another issue is bias. If AI is trained on historic workplace data that contains unconscious bias, the system can reproduce that bias. For example, if a company historically promoted a particular type of worker, the AI could learn to favour similar people. This can disadvantage women, minority groups or people with disabilities. Under the Equality Act 2010 this creates risk for the employer, but it also means employees may face unfair treatment.
Employees may worry that AI makes mistakes without explaining how the result was reached. Many systems are not transparent, which can make it harder for staff to understand why they have been flagged or scored in a certain way.
What You Should Do If AI Affects Your Treatment at Work
If you believe AI has influenced a decision about your performance or conduct, you have several options. You can start by requesting information about how the tool is used and asking for clarification on the data that relates to you.
Point out anything that seems incorrect. If the AI output has affected your performance review, bonus, disciplinary action or job security, raise the issue in writing. The employer must respond and should investigate the concern with care.
If you need help gathering evidence or wording your concerns, our expert employment law solicitors in Leeds can support you. Many employees are unsure how to challenge decisions that involve technology. This is a new area for many workplaces and people often need guidance on where to begin.
If the issue remains unresolved, you may wish to raise a formal grievance. We can help you understand your options at every stage. If discrimination or unfair treatment has occurred, you may also have a potential legal claim.
How Employers Can Use AI Monitoring at Work Responsibly
AI is not going away. Many employers see it as a valuable tool. However, workplaces that rely on AI need strong policies to avoid legal and ethical issues. These policies should explain how AI is used, how decisions are reviewed and how accuracy is checked. Employers should also consider the impact on employee wellbeing and maintain the human side of management.
Our Employment Law team advises employers on responsible AI use, including drafting AI policies, reviewing HR processes and ensuring compliance with data protection rules. This protects both the employer and the workforce.
How Can We Help You?
We represent both employees and employers, which gives us a broad view of the challenges posed by AI in the workplace. We understand how confusing and stressful it can be when technology makes decisions that feel unfair or unclear.
We can help you:
- Understand your rights when AI monitoring is used at work
- Challenge unfair AI-driven decisions
- Raise grievances or prepare evidence
- Protect yourself in disciplinary or capability processes
- Assess possible tribunal claims
We can also help if you believe an employer is using AI in a way that is intrusive, discriminatory or inconsistent with UK law.
AI monitoring raises important questions about fairness, privacy and human judgment in the workplace. Employees deserve transparency and respect, and employers must use these tools responsibly. If you have concerns about how AI has influenced your treatment, we can help you understand your rights and take action where needed.
Call 0113 320 5000 or email employment@winstonsolicitors.co.uk to speak with our Employment Law team.
