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Recruitment Watch

Issue 29: June 2025

Recruitment Watch

Editor's note

Ashley Williams - Mishcon de Reya

Welcome to this special AI edition of Recruitment Watch, where we explore the AI legal issues that are currently impacting the recruitment services sector. There are clear benefits that AI can bring to the recruitment sector. AI can be used as a tool within the business to streamline processes by automating repetitive tasks and allowing recruiters to focus on more strategic activities, such as building relationships with candidates and understanding the market better. AI can efficiently sift through large volumes of applications, identify the most suitable candidates, and even assist in scheduling interviews, saving both time and resources. It can aid decision-making by helping organisations forecast hiring needs and identify potential talent gaps, ensuring they remain competitive in the market.

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AI in the workplace: Are AI tools discriminating on your behalf?

AI tools are now a common feature of recruitment processes and can be a valuable addition to any HR department when placing job advertisements, reviewing job applications or carrying out interviews, for example. However, by using AI assisted recruitment tools there is a risk of unwittingly discriminating against applicants.

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EHRC guidance on discriminatory job adverts highlights risks of using generative AI in recruitment

The Equality and Human Rights Commission recently updated its guidance for those placing or publishing job advertisements, to help employers avoid using discriminatory adverts. The revised guidance is a timely reminder for employers to take care when using generative AI tools to draft job advertisements, as AI-created output may include biases that affect the diversity of job applicants and can result in discrimination.

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AI in recruitment: Navigating the challenges of inferred special category data

In order to help speed up processes and find the best talent, employers are increasingly turning to Artificial Intelligence (AI) to assist with recruitment. However, concerns could arise under data protection law, if the use of some features of these tools lead to discrimination based on the inference of special category data, such as race or religion. Such categories of personal data will often also constitute protected characteristics for the purposes of the Equality Act 2010.

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AI in Recruitment: Legal Insights for Mergers and Acquisitions

As many people are all too well aware, recruitment can be a long and drawn-out process. In order to maximise efficiency and find the best talent, AI and machine learning are increasingly being relied upon to assist with recruitment. In this fast-evolving world, buying or selling a recruitment business powered by AI presents unique challenges and opportunities.

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MDR ONE

MDR ONE: Global employment law support

MDR ONE provides centralised global employment law support and data-led insights to multinational companies, including those in the recruitment sector.

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