Latest Employment Law Update:
August 2025
Artificial Intelligence and employment law - key considerations for healthcare employers
As Artificial Intelligence (AI) continues to evolve it is transforming HR and employee management - from speeding up recruitment to analysing productivity. When used effectively, AI offers significant benefits for healthcare employers. However, it also raises important legal and ethical concerns. We consider how to best implement AI into the workplace without compromising employee rights, patient safety or professional standards.
Data protection
There is no specific AI law in the UK yet, however UK GDPR and the Data Protection Act 2018 apply in its use - AI procedures must be transparent and lawful. Individuals have a right to not have decisions based solely on automated processes if they significantly affect them. A ‘human-in-the-loop’ is therefore necessary to review, and over-ride AI generated outcomes, such as shortlisting job applicants.
Fairness and avoiding discrimination
AI can reduce unconscious bias but there is a risk of unfair and discriminatory decisions if systems are trained on non-inclusive data. Human interaction helps to comply with the Equality Act 2010 and ensure that groups are treated fairly.
Codes of practice should continue to be followed when using AI in HR procedures - to avoid potential increases in compensation at tribunal. These include the ACAS Code of Practice on Disciplinary and Grievance Procedures, as well as the Code of Practice on Dismissal and Re-engagement.
Clinical and ethical standards
Along with legal compliance consider how AI use will align with ethics and values, like quality of care and compassion. Follow regulatory requirements from relevant bodies such as the GMC, GDC or NMC when developing automated processes including workforce planning and decisions – which should continue to meet safe staffing levels and clinical standards.
Copyright risks
AI can potentially breach copyright or unintentionally plagiarising existing material. Ensure you have the right to use, modify, and distribute AI-generated content—robust plagiarism checks can help prevent copyright violations. Protect company data when using AI tools to safeguard intellectual property.
If you need further advice, please contact our HR and Employment Advisors on 0333 043 4444 or advice@mddus.com.
We recommend:
- being transparent in how AI is used in the workplace and how decisions are made
- continuing to comply with data protection regulations
- having regular ‘human-in-the-loop’ reviews to identify and address any unintended biases
- carrying out plagiarism checks to verify AI-generated content
If you have documentation support as part of your membership please contact our HR and Employment team for assistance with these. Further details on our HR and Employment product are here - HR and EA product | MDDUS.
If you need further advice, please contact our HR and Employment Advisors on 0333 043 4444 or advice@mddus.com.