Home › Blog › AI Hiring Screens and Your Rights: UK Rules in 2026
If an employer uses software to score, rank or filter your application, UK data protection law gives you the right to be told automated decision-making is being used, to ask how the decision was reached, to put your own case, and to request that a person reviews it. The Information Commissioner’s Office set this out in March 2026 after writing to 16 organisations likely to be using such tools. Separately, the Employment Rights Act 2025 is rolling out through 2026 and 2027, and dates already passed this month change how and when you can bring a claim.
This page is an archived reference guide. Go Brand Yourself no longer operates, and nothing here is coaching, legal advice or a service. For your own situation, go to the ICO on data rights, Acas on employment rights, or a solicitor or trade union.
What the ICO said in March 2026
On 31 March 2026 the ICO published findings from a year of work on automated decision-making in recruitment. In the piece aimed at employers, automated decisions can streamline hiring with the right safeguards in place , the regulator reported engaging with more than 30 employers and writing to 16 organisations likely to use such tools for decisions about jobseekers. All 16 committed to act on its recommendations.
The ICO said employers using these tools must monitor for bias by testing outputs regularly, ask tool developers about their own bias testing, be transparent about when and how the tools are used, and explain how a candidate can challenge a decision and request human review. Its public focus groups raised concerns about a lack of transparency and the risk of amplifying existing biases.
The companion piece, what jobseekers need to know about automated recruitment decisions , describes automated decision-making as technology that scores, ranks or filters applications, “sometimes before a human recruiter sees them”, and sets out what you are entitled to:
- A fair outcome. The ICO expects organisations to test for bias regularly and mitigate it.
- Knowing automated decisions are being used. Employers must tell you when automated decisions are made about your application.
- Challenging the decision. You can ask how it was reached, contest it, explain your point of view, and “request a real person to take a second look”.
The underlying right, and how it changed
The ICO’s public guidance on decisions made about you without human involvement describes the right not to be subject to a decision based solely on automated processing where it affects your legal rights or other equally important matters, plus rights to understand the reasons and consequences and to object to profiling in certain situations.
That framework has been loosened. The ICO states that the Data (Use and Access) Act 2025 “updated data protection law to make it easier for firms to use automation for decisions without human involvement”, while insisting firms must still put proper safeguards in place. Its guidance on what the Act means for organisations explains that it opens up the full range of lawful bases for significant automated decisions, potentially including legitimate interests, subject to safeguards — but not for special category data, which remains more protected.
Timing matters. The ICO says the Act’s provisions commenced in phases between June 2025 and June 2026, and that it updated its guidance on 19 June 2026 to confirm all data protection provisions are in force. Its public page on automated decisions is marked “under review and may be subject to change” because of the Act, and the regulator consulted on draft guidance until 29 May 2026. The detail is still settling.
To use these rights, the ICO’s route is to complain to the organisation first, using its template letter and asking for a response within one calendar month, then to the ICO if still dissatisfied.
References: what a former employer can say
Acas guidance on what employers can say in a reference distinguishes a basic reference, covering job title and dates, from a detailed one that can also cover skills, ability, experience, current relevant disciplinary records and reasons for leaving. How much detail to give is up to the writer, unless their employer has a policy on the point.
The limits are firmer. Acas states that if an employer gives a reference “it must be accurate and fair”, that references must not be misleading or include irrelevant personal information, and that where opinions are given “there should be evidence to support the opinion” — a reference should not say someone excelled if their performance record shows areas needing improvement. Acas also says a reference should not disclose protected characteristics, nor include reasonable adjustments for a disability, disability-related absences, absences relating to adoption, maternity or paternity leave, or disciplinary records unless recent and relevant.
Employment Rights Act 2025: the dates that matter
The Employment Rights Act 2025 became law on 18 December 2025 and is being commenced in tranches. The government’s Plan to Make Work Pay timeline update was last updated on 14 October 2026 and the Acas page on 1 October 2026. Dates relevant to anyone moving jobs:
- 6 April 2026. Paternity and ordinary unpaid parental leave became day-one rights. Statutory sick pay became payable from the first day of illness and the lower earnings limit was removed. Reporting sexual harassment became a qualifying whistleblowing disclosure. The Fair Work Agency followed on 7 April 2026.
- 1 October 2026. The employment tribunal time limit rose from three months to six. For breach of contract claims in Scotland this applies from 9 November 2026.
- 30 October 2026. Employers must take “all reasonable steps” to prevent sexual harassment of employees, a higher bar than the current “reasonable steps”, and become liable for third-party harassment — by customers or clients, say — unless they took all reasonable steps to prevent it.
- 1 January 2027. The unfair dismissal qualifying period falls from two years to six months and the compensation cap is removed. Dismissal and rehire becomes automatically unfair in most cases, and employers must tell workers of their right to join a trade union.
- Later in 2027, dates unannounced. Flexible working refusals must state one of eight listed business reasons and explain why the refusal is reasonable. Zero-hours and low-hours workers gain rights to guaranteed hours, reasonable notice and compensation for cancelled shifts. A new unpaid bereavement leave right arrives, and non-disclosure clauses covering harassment or discrimination become void.
The government’s page states that all future dates remain subject to parliamentary processes and may change, and Acas notes that several measures depend on consultations still running. Treat the 2027 entries as announced intentions, not settled law.
Two are worth drawing out. The six-month tribunal limit from 1 October 2026 doubles the window for bringing a claim, which matters most to people who only realise after leaving that something was wrong. And the January 2027 change is the largest shift for anyone considering a move: six months’ service, rather than two years, will bring you within ordinary unfair dismissal protection.
Frequently asked questions
Does an employer have to tell me if AI screened my application? Yes, on the ICO’s stated position. Its March 2026 jobseeker guidance says employers must tell you when automated decisions are made about your application and should clearly explain how any automated tools work and how they may affect the process.
Can I insist a human reviews an automated rejection? The ICO’s jobseeker guidance says you can ask how a decision was reached, contest it, explain your point of view and request human review. The surrounding law was amended by the Data (Use and Access) Act 2025 and ICO guidance is under review, so confirm the current position with the ICO.
Must a former employer give me a reference? The Acas page on what can be said in a reference does not say an employer must give one — only that if one is given, it must be accurate and fair. Acas publishes separate guidance on when an employer must give a reference.
How long do I now have to bring an employment tribunal claim? Six months for claims on or after 1 October 2026, up from three; Scottish breach of contract claims pick this up from 9 November 2026. Time limits are strict and Acas early conciliation affects the calculation, so take advice early.