The Work Couch: AI in the employment lifecycle (Part 1): Recruitment and data protection, with Patrick Brodie and Jon Bartley

Welcome to The Work Couch, the podcast where we discuss all things employment.

In part one of our mini-series on AI in the employment lifecycle, we're discussing the use of artificial intelligence in recruitment. Employers are increasingly turning to AI‑powered tools to assess candidates – whether by screening CVs, running video interviews or generating questions for use in applications. At the same time, a host of legal and ethical questions are emerging.

To help tackle these questions and help employers unlock the potential of AI - while balancing this against individual rights and mitigating legal risk - host Ellie Gelder is joined by Patrick Brodie, Partner and Head of RPC's Employment, Engagement & Equality team and Jon Bartley, Partner and RPC's Data Advisory Lead. Together, they share their insights on:

• how AI tools are used in recruitment lifecycle, and the operational benefits and risks for employers;
• discrimination risks arising from biased or opaque AI models, including how these can translate into direct and indirect discrimination claims under the Equality Act 2010;
• how the UK GDPR applies to AI recruitment tools, including profiling versus automated decision-making (ADM), the impact of the Data Use and Access Act 2025, and when ADM is lawful;
• regulator expectations on fairness, transparency, bias mitigation and meaningful human involvement in decisions;
• practical steps for compliant deployment, including vendor due diligence, bias testing, data protection impact assessments and appropriate lawful bases;
• candidate-facing transparency and explainability: what must be communicated about AI use and legal rights to contest automated decisions; and
• the wider workforce implications of AI recruitment tools, including the interaction with reduced unfair dismissal qualifying periods due to be introduced by the Employment Rights Act 2025, and the risks for early‑career workers.

Join us for part 2 later this year, when we will explore the role of AI during employment, including its impact on retention, performance management and attendance and related challenges and opportunities.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. ICO's AI in Recruitment Outcomes Report (November 2024) 
2. Recruitment rewired: an update on the ICO's work on the fair and responsible use of automation in recruitment (March 2026)