AI in Recruitment

Perhaps I am showing my age, but gone are the days of AI being confined to futuristic films about terminators. The use of AI has become (and will of course continue to become) more prevalent to our everyday working lives, including in the recruitment of employees.
 

The government has published guidance on Responsible AI in Recruitment which focuses on AI systems that are used by employers. The guidance sets out a range of considerations for the procurement and deployment of AI recruitment systems, identifies the potential ethical risks of doing so and outlines how AI assurance mechanisms can support the responsible procurement of AI systems in HR and recruitment. 

Where is AI used in the recruitment process today?

AI systems can be used across each stage of the recruitment process including; sourcing, screening, interviewing and selection of candidates. Whilst this may of course mean a reduced requirement for humans, there can be real benefits to using AI in the recruitment process. It can be used to help prepare job descriptions for roles as well as filtering out unsuitable applicants who do not meet the requirements for the role. This can bring with it sometimes significant time and cost savings, particularly for larger organisations who may receive numerous applications for a single role.

However, at each of these stages, employers need to be mindful of the risk of unfair bias and discrimination against applicants, for instance if the use of AI results in the filtering out of those with certain protected characteristics. There is also the risk of excluding applicants who may not be experienced in using or do not have access to technology, due to age, disability, socio-economic status or religion. Annex A of the guidance provides a helpful and non-exhaustive list of AI tools that are used in recruitment and some of the risks of using these tools.

Some things to think about before deployment

Before implementing AI, employers should be clear about the purpose of the AI system they plan to implement and what process they want the AI system to carry out. For instance, is the intention only to use the system to assist with filtering applications or more widely in the recruitment process? This will help to determine how the system can offer value and benefit an organisation. It is also important for employers to understand how an AI system will integrate into any existing recruitment processes.

Employers must ensure that any AI systems used do not discriminate against those with protected characteristics. This is particularly important when the system will process data containing protected characteristics, or proxy indicators of those characteristics.

The use of AI systems in the recruitment process will almost certainly involve the processing of personal data. Employers will therefore need to be mindful of data protection obligations and ensure that appropriate data protection impact assessments are carried out and any identified risks mitigated. Employers will need to consider if processing will amount to automated decision making. This would be the case if the AI system made decisions about recruitment without any human involvement. There are certain restrictions under data protection laws where there is automated decision making which employers will need to consider.

Some things to do before deployment

Employers may want to think about piloting any AI systems first. Some key considerations for employers will likely be as follows:

• avoid incorrect usage – employees should be given sufficient clarity on the purpose, functionality and outputs of any AI system and appropriate training where required to minimise the risks posed by AI systems (such as unfair bias and discrimination). This is crucial to avoid any system being used incorrectly. Employers should also have clear policies and procedures in place surrounding the use of AI in recruitment;
• assess model performance against equalities outcome – AI systems and their models can perform differently depending on the environment in which they are deployed. It is important for employers to be aware of this risk, so they understand that even if a system is used as intended, there is still a risk that it can lead to discriminatory outcomes (as a result of learnt bias or inaccuracy, for example); and
• plan reasonable adjustments – employers should plan and consider reasonable adjustments before they deploy AI systems, to avoid the system putting any applicants with a protected characteristic, such as a disability, at a disadvantage. Reasonable adjustments should be considered and planned before the deployment of AII systems.  The guidance is clear that if a reasonable adjustment cannot be made to alleviate the impact of a disability, the situation may require that the system is removed from the interview process.

Steps to take after deployment

Employers should ensure that there is regular monitoring of AI systems to ensure they perform as expected. Like any computer system (or human for that matter) AI systems can be subject to making errors. It is important to be aware of the risk of “model drift”, which can see a decline in performance due to changes in real world data.

Bias audits (a process assessing the inputs and outputs of algorithmic systems to determine whether there is bias in input data or in the outcome or classification made by an AI system) should be repeated at regular intervals to ensure consistent treatment.  There should also be systems in place for performance testing (assessing the performance of the AI system with respect to the quantitative requirements and benchmarks set).

Equally, employers are encouraged to provide mechanisms under which employees and applicants who interact with the AI tool can feedback issues they have faced with AI systems.   This can be done by chatbot, surveys or a specific contact email. Employers should then, where appropriate, redress any issues that are raised.

Summary

It is clear that using AI systems in recruitment can add real value to a business and it also gives employers the opportunity to enhance their existing processes of recruitment. However, as the guidance sets out, employers must be careful to take a considered approach to implementing AI recruitment systems that is thought out and, most importantly, responsible. An AI recruitment system should clearly not be seen as a complete alternative to human involvement or review but as something that can complete and, in some cases, enhance the process.  

further information

If you have any questions or concerns about the topics raised in this blog, please contact Andy Norris in our Employment team. 

about the author

Andy is an experienced employment lawyer and advises both employee and employer clients on a wide range of employment matters. He regularly advises employer clients on grievance, disciplinary and performance matters, TUPE-related issues, exit strategies and the negotiation that goes with this, and redundancies and re-organisations, as well as assisting with drafting employment contracts, handbooks and policies and settlement agreements.