Bates Wells and the EHRC supports Uber Eats driver who faced problematic AI checks

An Uber Eats driver received financial settlement following allegations that an AI facial recognition system, required to access the Uber Eats platform, was racially discriminatory. Pa Edrissa Manjang continuously experienced difficulties with Uber Eats’ verification system. In 2021, he was removed from the platform and told by Uber Eats that they had found ‘continued mismatches’ in his photos.

Particularly concerned by the use of AI, and how it may be used to permanently suspend a driver’s access to the app, thereby depriving them of an income, The Equality and Human Rights Commission (EHRC) provided funding for this case in 2021.

Represented by Hannah Wright and Paul Jennings, Mr Manjang first brought his claims in October 2021. Uber Eats applied to the Tribunal to have his claims struck out. This application failed. Two and a half years after being issued the case was in the preliminary stages of the Tribunal process – this is illustrative of the complexity of a claim dealing with AI technology. The financial settlement now brings this process to a close.

Hannah Wright reflected on the case:

“This has been a very important case. It is among the first to consider AI and automated decision making in the context of work and the potential for unfairness and discrimination. Sophisticated AI systems are increasingly becoming a part of how people are managed at work. This carries substantial risks, particularly where decision making processes are opaque and particularly in terms of equality. The current protections are inadequate and the process for challenging decisions involving AI is fraught with difficulty. After two and half years of litigating against Uber Eats in the Employment Tribunal, Pa Manjang will now be able to focus on his future.”

Paul Jennings added:

“AI has very rapidly become part of workforce management. If it is deployed in a way that lacks transparency and fairness, it will have a highly corrosive effect on trust. It is vital that any automated decision-making processes affecting peoples’ livelihoods are not opaque. Businesses using these systems must absolutely prioritise openness and accountability.”

Pa Edrissa Manjang thanked the EHRC, the team at Bates Wells and his union for their support.

You can read the EHRC’s press release in full here.

Notes for press:

Hannah Wright and Paul Jennings from Bates Wells represented Pa Manjang in his successful outcome of a ground-breaking employment case against Uber Eats.

This is one of the first cases to consider AI and automated decision making in the context of work and the potential for unfairness and discrimination.

His case was taken up and funded by The Equality and Human Rights Commission.