AI and Recruitment: Why Jobseekers Say Automated Hiring Is Becoming Unfair

Published : December 1, 2025

It’s no secret that these days, AI and recruitment typically go hand in hand. Many organisations use the technology to speed up their processes, often through AI screening, to make recruitment more efficient.

A recent survey, however, conducted by the Irish recruitment and HR services business Collins McNicholas, has revealed that the automated recruiting process isn’t being well received by job seekers.

Below, we examine exactly why job seekers are unhappy with AI recruitment tools and the potential impacts this could cause. As the use of automated decision-making continues to expand across the employment landscape, understanding how these systems affect applicants has become increasingly important for both employees and employers. We then examine the associated UK law and the steps individuals can take if their employment rights are breached.

If you believe an organisation has breached your rights, contact Redmans Solicitors now. Our team of employment specialists is here to help. After a brief chat, we can answer your queries and discuss how you could proceed. We can also assess your eligibility to claim compensation and guide those eligible through the legal process.

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Why the Human Touch Still Matters in AI and Recruitment

The recent Collins McNicholas survey highlights growing frustration among job seekers with the rise of AI and recruitment technology. Three-quarters of respondents believed AI screening tools had unfairly filtered out their applications, while many said automated recruiting practices, particularly generic rejection emails, felt “impersonal and dismissive.” Nearly half disagreed that AI tools made recruitment more efficient, and a significant 69% reported that a lack of human interaction would put them off applying for, or accepting, a role.

Whether or not they currently use AI, employers should pay close attention to these findings. While many organisations view AI as a way to improve cost and efficiency or streamline early-stage screening, the survey shows that candidates don’t necessarily share this confidence.

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This disconnect should give employers pause. Not only could over-reliance on AI deter strong applicants, but, if job seekers’ perceptions are correct, automated screening tools may also be excluding potentially suitable candidates before they have any contact with a human recruiter. In short, while AI can support elements of the hiring process, it shouldn’t replace the human-centred approach that many candidates still value.

AI and Recruitment: Hiring Discrimination Laws

Under the Equality Act 2010, individuals are protected against less favourable treatment—including direct and indirect discrimination, harassment, and victimisation—based on their protected characteristics. These include age, sex, race, disability, and religion or belief, among others. Crucially, these protections apply not only to employees but also to job applicants.

This means employers must take care not to discriminate when advertising roles, shortlisting candidates, conducting interviews, or making hiring decisions. Failure to do so can constitute a breach of the legislation, exposing the organisation to potential legal consequences.

When it comes to AI and recruitment, discriminatory treatment can arise in multiple ways. It may result from how employers use AI recruitment tools, but it can also originate from the technology itself. For example, if the data used to train an algorithm reflects historical bias, the system may inadvertently perpetuate those biases. This could lead to AI screening out candidates based on factors linked to protected characteristics, such as a name suggesting a particular ethnicity, or career gaps influenced by childcare responsibilities, which may disproportionately affect women.

Ultimately, if an employer misuses AI or fails to recognise its limitations and potential biases during recruitment, applicants may be unfairly disadvantaged, potentially giving rise to claims under the Equality Act 2010.

Taking Action Against Unfair Automated Recruitment

If an individual believes they have been subjected to an unfair or discriminatory automated recruiting process, it’s essential to act quickly. Bringing an employment tribunal claim is typically the last resort, but strict time limits apply, meaning early steps are crucial.

The first action applicants should take, regardless of the route they ultimately pursue, is to gather evidence. This can be challenging from outside an organisation, but any relevant material may assist, such as email correspondence, screenshots, recruitment documentation, or any terms and conditions outlining the employer’s use of AI recruitment tools during the process.

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Once evidence has been collected, the next step is to raise the issue directly with the employer. An informal discussion, perhaps explaining that the application appears to have been unfairly filtered out despite meeting the criteria, can sometimes resolve matters quickly and avoid the need for escalation.

If the concern isn’t resolved here, though, individuals are generally advised to begin Acas early conciliation. This is a free, impartial process and, in most cases, must be attempted before a tribunal claim can be issued. Early conciliation provides a further opportunity for both parties to settle the dispute without litigation and, significantly, “stops the clock,” pausing the usual time limit for bringing a claim.

Where all other attempts to resolve the issue are unsuccessful, the final step is to issue an employment tribunal claim. Claimants must meet the relevant eligibility requirements and comply with strict time limits. But if successful, they may be awarded compensation or other remedies.

Get Help with Redmans

If you believe an employer has used AI and recruitment tools unfairly during your job application, contact us today. Redmans Solicitors are experts in the employment sector. Following a brief consultation, we can assess your case, answer your questions, and discuss your possible options. For those eligible, we can also guide you through the legal process to ensure you reach an optimal outcome.

To learn more about the services we provide and how we could help you, simply:

The information on this page is intended for general informational purposes only and does not constitute legal advice.