Can I Sue If AI Rejected My Job Application? (UK)

You applied for your dream job, ticked all the boxes, but never heard back. Later, you discover the company uses AI to screen applications — and you suspect the algorithm unfairly filtered you out. In the UK, you may have legal options under the Equality Act 2010 and data protection laws.

This article is for informational purposes only and does not constitute legal advice.

How AI Hiring Systems Can Discriminate

Many UK employers now use artificial intelligence to screen CVs, assess video interviews, and rank candidates. Whilst these tools promise efficiency, they can perpetuate or even amplify discrimination:

• Biased training data: If historical hiring data favoured certain demographics, the AI learns those patterns
• Proxy discrimination: Algorithms may use factors like postcode, name patterns, or university attended that correlate with protected characteristics
• Accessibility failures: Video interview AI may disadvantage candidates with disabilities affecting speech patterns or facial expressions
• Age indicators: Graduation dates, years of experience caps, or “cultural fit” metrics can screen out older workers

UK Legal Framework

Equality Act 2010

The Equality Act protects against discrimination based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Crucially, indirect discrimination — where a seemingly neutral practice disproportionately disadvantages people with a protected characteristic — applies to AI systems. Employers cannot hide behind “the computer decided” as a defence.

UK GDPR and Data Protection Act 2018

Under Article 22 of UK GDPR, you have the right not to be subject to decisions based solely on automated processing that significantly affect you. This includes:

• Right to human review: You can request a human reconsider an automated decision
• Right to explanation: You can ask for meaningful information about the logic involved
• Right to contest: You can challenge the decision and express your point of view

Equality and Human Rights Commission Guidance

The EHRC has issued guidance making clear that employers remain responsible for discrimination by AI tools they deploy, even if purchased from third-party vendors.

When You May Have a Claim

You may have grounds for legal action if:

• You were rejected despite meeting all stated requirements
• The employer uses AI screening tools
• You have a protected characteristic that the AI may have used against you
• You’ve discovered the AI system has a pattern of rejecting similar candidates
• The employer cannot provide a legitimate, non-discriminatory explanation
• You requested human review or explanation and were refused

When It’s More Difficult

Claims become harder to establish when:

• You genuinely didn’t meet the job requirements
• The employer can demonstrate the AI was properly validated for fairness
• Human reviewers were meaningfully involved in the decision
• You cannot identify which protected characteristic was affected
• Significant time has passed (Employment Tribunal claims generally must be filed within 3 months less one day)

Potential Remedies

If successful, you may be entitled to:

• Compensation: For injury to feelings and financial losses
• Declaration: That discrimination occurred
• Recommendation: That the employer take steps to reduce adverse effects
• Data protection remedies: Compensation for UK GDPR breaches via the courts

Steps to Take

1. Make a Subject Access Request: Under UK GDPR, request all data the employer holds about you, including any AI scoring or ranking
2. Request information about automated decisions: Ask specifically about AI involvement and request human review
3. Document everything: Keep copies of your application, the job advert, and all correspondence
4. Contact ACAS: Before filing an Employment Tribunal claim, you must go through ACAS Early Conciliation
5. Seek legal advice: An employment solicitor can assess your case and advise on prospects
6. Report to the ICO: If you believe there’s been a UK GDPR breach, you can complain to the Information Commissioner’s Office

Frequently Asked Questions

Can employers legally use AI to screen job applications in the UK?

Yes, AI screening is legal, but employers must ensure it doesn’t discriminate and must comply with UK GDPR requirements around automated decision-making. They remain liable for any discrimination the AI causes.

How do I know if AI was used to reject my application?

You can make a Subject Access Request asking whether automated decision-making was used. Many employers also mention AI tools in their privacy notices. The EHRC recommends employers be transparent about AI use.

What’s the time limit for bringing a claim?

Employment Tribunal discrimination claims must generally be filed within 3 months less one day of the discriminatory act. However, you must first contact ACAS for Early Conciliation, which pauses this time limit. Data protection claims in court have a longer limitation period.

Do I need a solicitor?

You can represent yourself at an Employment Tribunal, but AI discrimination cases can be complex. Many employment solicitors offer free initial consultations, and some work on a “no win, no fee” basis.

What if I can’t prove the AI discriminated?

In discrimination cases, once you establish facts from which discrimination could be inferred, the burden shifts to the employer to prove a non-discriminatory explanation. An employer’s inability to explain how their AI works may actually help your case.