header-logo header-logo

Neurotechnology & the law: employment

220705
Are we approaching a new frontier for employee monitoring? Harry Lambert & Josh Neaman examine how developments in neurotechnology might impact upon legal rights in the workplace
  • The article examines how the integration of neurotechnology, such as wearable brain-computer interfaces (BCIs), in the workplace creates challenges for existing employment law, particularly in relation to unfair dismissal and discrimination.
  • Both overt and covert monitoring using BCIs may lead to claims of direct or indirect discrimination, especially when algorithmic biases affect the reliability of data used in managerial decisions.

This article (Part 8 of this special NLJ series) considers how the widespread adoption of neurotechnology in the workplace will impact upon the rights of employees. The focus is on two pillars of employment law: unfair dismissal and discrimination. We consider how the law in these areas may apply to various factual scenarios involving neurotechnology at work, and analyse whether, to what extent and where the current framework, borne of an analogue

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

Morae—Carla Mendy

Digital and business solutions firm appoints chief operating officer

Twenty Essex—Clementine Makower & Stephen Du

Twenty Essex—Clementine Makower & Stephen Du

Set welcomes two experienced juniors as new tenants

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll