Automated decision-making in the workplace, where data protection, equality law and emerging AI regulation meet. Uber BV v Aslam.
Discrimination; justification; the tribunal must perform a critical evaluation of the employer's reasons, not just accept them.
Indirect discrimination; the claimant need not prove *why* a PCP puts their group at a disadvantage, only that it *does*.
Status; worker; drivers were workers while the app was on, due to control and subordination.
Practice; AI-generated evidence and prompt histories. The First-tier Tribunal (General Regulatory Chamber) held that little weight could be placed on ChatGPT-generated output introduced to challenge the adequacy of a public authority's search terms. The Tribunal cited a lack of transparency regarding the AI's source data and methodology, and noted that if AI outputs are to be treated like expert evidence, they must meet standard expert requirements of explanation, accountability, and verification.
Practice; AI and citation of authorities. The Divisional Court held that freely available generative AI tools are fundamentally unreliable for legal research as they can produce plausible but entirely fabricated citations ('hallucinations'). Lawyers bear a professional duty to verify all AI-generated output through authoritative sources (BAILII, National Archives, official law reports) before use. Those in leadership positions must implement practical measures ensuring compliance with AI-related professional obligations.
Practice; legal professional privilege; AI confidentiality. The Upper Tribunal (Immigration and Asylum Chamber) under its Hamid supervisory jurisdiction warned that uploading confidential client documents into an open-source or public generative AI tool (such as ChatGPT) is equivalent to placing that information into the public domain, breaching client confidentiality and resulting in a waiver of legal professional privilege. The Tribunal distinguished public tools from closed-source enterprise AI tools which operate under strict contractual data protections.