Here at ViewHR we seem to have heard a lot about ChatCPT in recent weeks, and so we thought it would be good to find out more. We started by asking it what it was, and it told us:
“The advent of advanced Artificial Intelligence technology has brought about many changes in various industries, and human resources is no exception. One of the most significant advancements in AI technology is the development of Chat Generative Pretrained Transformer (ChatGPT), a language model created by OpenAI. “
The Chat GPT program was primarily designed for customer service; however, people have started to use it for various other purposes, including writing assignments, generating code, and even writing blogs. So we thought we would test Chat GPT and its usefulness in the HR industry. To do that, we will ask the AI three different HR-related questions; we will look at the answers – checking for accuracy and compliance.
In the UK, when can an employee claim unfair dismissal?
In the UK, an employee can claim unfair dismissal if they have been dismissed from their job and meet certain eligibility criteria. To be eligible to make a claim, the employee must have:
- Been continuously employed for at least two years (this may be reduced to one year for some employees who started their employment after 6 April 2012).
- Been dismissed by their employer (this includes constructive dismissal, where an employee resigns in response to the employer’s actions).
- Been dismissed for one of the following reasons: automatic unfair dismissal, discrimination, whistle-blowing, health and safety, trade union membership or activities, or exercising statutory rights (such as the right to take time off for family reasons).
The claim must be made to an employment tribunal within three months of the date of termination. It is important to note that there are exceptions to these rules.
Overall, Chat GPT provides a good answer; not only does it provide a roughly correct answer, but it also adds details, such as why a claim may be brought to a tribunal. However, an important note regarding the timescale is that in most cases, it is three months minus one day. Out-of-time claims can be dismissed by the Tribunal, so this is an important detail. The AI mentions that after 6th April 2012 the right to claim for unfair dismissal can be brought about at the one-year mark. While true, it is more likely to be true for employees who commenced their employment before 6th April 2012.
In the UK, can you dismiss an employee due to repeated lateness?
In the UK, an employee can be dismissed for repeated lateness, but it depends on the circumstances of each case. The key consideration for employers when deciding whether to dismiss an employee for lateness is whether the lateness amounts to a breach of the contract of employment.
Before dismissing an employee for repeated lateness, employers should follow a fair and reasonable process. This typically involves:
- Investigating the reason for the lateness and discussing it with the employee.
- Giving the employee an opportunity to improve their punctuality, for example, by setting a target for improvement and regularly monitoring the employee’s attendance.
- If the employee’s lateness continues, the employer may consider taking disciplinary action, including the possibility of dismissal.
When making the decision to dismiss, employers should take into account the extent of the lateness, how frequently it occurs, and any mitigating circumstances, such as illness or unforeseen circumstances. The dismissal should be proportionate and in line with the employer’s disciplinary procedures.
The AI has produced a reasonably well-thought-out answer to the question. It includes the vital step of investigating the matter first and going through a proper disciplinary procedure. However, it does not note that in the event that the employee has a disability (which may be a factor), the employer has legal obligations regarding reasonable adjustments. This could be very important in determining if later disciplinary action would be considered fair by an Employment Tribunal.
Usually, repeated lateness is not a gross-misconduct offence and therefore, dismissal would not be appropriate in the first instance. However, following a final written warning, dismissal would be suitable (Tijani v House of Commons Commission). Unless specifically asked, the AI didn’t mention that during the probation period, such action can be expedited (not always – case specific again!).
How does parental leave work in the UK?
Eligibility: To be eligible for parental leave in the UK, an individual must have worked for their employer for at least 26 weeks by the end of the 15th week before the week the baby is due.
Entitlement: Eligible parents can take up to 18 weeks’ leave for each child, up until the child’s 18th birthday. Leave can be taken in a single block or in a series of shorter blocks, and must be taken within the first five years of the child’s life.
Pay: Parental leave is unpaid, but eligible parents can claim Statutory Parental Pay (SPP) of up to £151.97 per week for up to 18 weeks.
Notification: Parents must give their employer 21 days’ notice before taking parental leave. They must also provide their employer with the expected dates of leave, and proof of their eligibility.
Return to work: Parents have the right to return to work in the same job they left, or a similar job, after taking parental leave.
We think the AI has become confused with this answer, or that the question wasn’t specific enough. The answer seems to mix up details for shared parental leave and unpaid parental leave. Employees become eligible for unpaid parental leave if they have been employed for more than a year, but for shared parental leave it is 26 weeks. Pay is also incorrect, whilst there is provision for statutory parental pay in shared parental leave situations, we are not sure where £151.97 comes from.
Our limited tests have shown that ChatGPT can consistently produce good and to an extent compliant answers to simple queries raised. However, at times it can become confused and, importantly, can’t ask for specifics or context, which are essential in making safe decisions. Naturally, we would say it is worth checking any answers given by ChatGPT by an employment law specialist! Whilst, we really do find it impressive what ChatGPT can do, it really does need to be used with caution in the HR sphere as there are so many human/circumstantial anomalies that impact upon even a human employment law specialist’s advice!
Chat GPT shouldn’t be relied upon alone, but here at ViewHR we will watch with interest as the technology learns and develops. As always, we will grow and develop along with the technology and circumstances around us!
