What Employers Need to Know About Responsible AI in Recruitment Government Guidance

There is currently a notable gap in UK legislation that governs how artificial intelligence (AI) is used in recruitment. While new technology in the workplace offers vast potential, it can also be daunting. Employers are increasingly expected to harness AI’s benefits while ensuring its use aligns with legal and ethical standards.

In response to these growing concerns, the UK Government has issued important guidance to help employers navigate this evolving space. In March 2024, the Department for Science, Innovation and Technology (DSIT) published the Responsible AI in Recruitment guide. This new guidance sets out best practices for procuring and using AI responsibly during the hiring process.

What Is the Purpose of the Guidance?

The Government’s guidance is designed to help organisations adopt AI tools in a way that is responsible, fair and legally compliant. It focuses on technologies used in:

• Sourcing candidates
• Screening CVs
• Conducting interviews
• Making final selection decisions

The guidance strongly emphasises the need to avoid bias, discrimination and digital exclusion in recruitment processes that rely on AI.

What Should Employers Consider Before Using AI in Recruitment?

Before bringing AI into your hiring process, it’s vital to take some key steps:

• Define what the AI system is meant to do
• Check how it will fit into your existing recruitment workflow
• Consider accessibility, so you don’t exclude individuals with protected characteristics
• Make sure data protection rules are followed, including completing a Data Protection Impact Assessment (DPIA)

Ongoing Monitoring and Communication

• Once an AI system is in place, it’s not enough to simply let it run. Employers must continuously monitor how the system works and check that it is performing as expected. Regular bias audits and system testing help ensure fairness and prevent unintended risks.
• Crucially, employers should also be transparent with job applicants. Candidates need to be told if AI is being used in the hiring process and how it might influence outcomes.

Real-World Applications And Cautionary Tales

The Government itself is using AI in recruitment. For example, the Ministry of Defence is trialling AI tools to improve how job adverts are written – aiming for better clarity and inclusivity.

However, the risks are real. One well-known case involved Amazon abandoning its AI recruitment tool after it was found to be biased against female applicants. This underlines the importance of careful planning and oversight when using such technology.

Conclusion

The Responsible AI in Recruitment guidance is a timely and comprehensive tool for any employer considering the use of AI in hiring. By following its advice, organisations can benefit from AI’s efficiencies while protecting against legal and reputational risks.

If you are considering using AI in recruitment, now is the time to act. Implementing proper safeguards and ensuring fair practices will not only help you stay compliant, but also support a more inclusive and effective hiring process.

Integrating AI into recruitment processes must be done responsibly and with a clear understanding of your legal obligations. Our Employment team at mlplaw can help you understand the new Government guidance, review your recruitment practices, and ensure your policies align with evolving standards. If you’re looking for practical, legally sound advice on AI in hiring, we’re here to support you.