Digital Twins Amplify Worker Output, Raise Critical UK Employment Law Ownership Questions
Bloor Research has implemented AI-powered 'digital twins' for its 50-strong team, allowing employees to offload aspects of their workload and even facilitate phased retirement or maternity leave cover without new hires. Richard Skellett, chief analyst at Bloor Research, pioneered the concept with his own 'Digital Richard', a small language model trained on his professional and personal data. This technology is now being adopted by other companies, with widespread availability expected later this year.
Gartner analysts anticipate digital replicas of knowledge workers will become mainstream, mirroring trends in AI mimicking recording artists. Meta is reportedly developing an AI version of Mark Zuckerberg, further indicating this shift.
However, the proliferation of digital twins introduces complex legal and ethical quandaries. Core questions revolve around ownership—whether the employer or employee controls the AI twin—and compensation, particularly if increased productivity warrants higher pay. Access to an individual's digital twin and accountability for its errors also present significant challenges.
Kaelyn Lowmaster, a research director at Gartner, emphasises the necessity of robust governance, clear guidelines for agents' autonomy, and ensuring individuals retain rights over their 'name, image, and likeness'. Skellett advocates for individual ownership, with companies paying for access, and a shift towards outcome-based compensation reflecting the amplified value created by digital twins. Conversely, Josh Bersin, CEO of The Josh Bersin Company, argues that intellectual property created by employees typically belongs to the business under most employment contracts.
UK employment law is yet to provide clear statutory guidance on digital twins. Anjali Malik, an associate at Bellevue Law, highlights the intricate issues spanning consent, personal data control, performance, labour substitution, and post-employment implications. Chloe Themistocleous, a partner at Eversheds Sutherland, and Jean-Pierre van Zyl, head of employment at Square One Law, concur that legal precedent will likely be shaped by tribunal rulings on disciplinary actions or dismissals related to an AI twin's actions, given the current absence of specific legislation.
