An Uber Eats driver in the UK received a pay out settlement, following allegations that facial recognition checks required to access his work app were racially discriminatory, which led to him being unable to access the Uber Eats app to secure work.

The Equality and Human Rights Commission (EHRC) and the App Drivers and Couriers Union (ADCU) provided funding for the case of Pa Edrissa Manjang, who has worked as an Uber Eats driver in Oxfordshire since November 2019. He continuously experienced difficulties with Uber Eats' verification checks, which use facial detection and recognition software.

In 2020, Uber introduced a facial recognition system, incorporating use of Microsoft’s FACE API. Workers are prompted to provide a real time selfie and face dismissal if the system fails to match the selfie with a stored reference photo. In turn, private hire drivers who have been dismissed also faced automatic revocation of their private hire driver and vehicle licenses by Transport for London.

In 2021, Manjang was removed from the platform following a failed recognition check and subsequent automated process. Manjang was told by Uber Eats that they had found 'continued mismatches' in the photos of his face he had taken for the purpose of accessing the platform. 

The Union with support from the Commission and Worker Info Exchange launched legal action against Uber in the UK in 2021 over the algorithm.

The EHRC and the ADCU were concerned by the use of Artificial Intelligence (AI) and automated processes in this case, particularly how it could be used to permanently suspend a driver’s access to the app, depriving them of an income. It became clear that Uber Eats had not made Manjang aware of the processes that led to his suspension from the app, nor provided an effective route to challenge this decision. 

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said, “I am pleased that Pa Edrissa Manjang was able to settle his case with Uber Eats, but he should never have had to bring a legal claim in order to understand the opaque processes that affected his work.”

“AI is complex, and presents unique challenges for employers, lawyers and regulators. It is important to understand that as AI usage increases, the technology can lead to discrimination and human rights abuses,” Falkner said.

“We are particularly concerned that Mr Manjang was not made aware that his account was in the process of deactivation, nor provided any clear and effective route to challenge the technology,” Falkner added. “More needs to be done to ensure employers are transparent and open with their workforces about when and how they use AI.”

“Every employer should take note of this, even major companies like Uber. When such companies rely on automation to help manage their staff they need to guard against unlawful discrimination,” Falkner said.

Manjang said, “My case shines a spotlight on the potential problems with the use of AI, particularly for low paid workers in the gig economy who want to understand how decisions are being taken which affect their livelihoods. This marks the end of a long and difficult case.”

An Uber spokesperson said, “Our Real Time ID check is designed to help keep everyone who uses our app safe, and includes robust human review to make sure that we’re not making decisions about someone’s livelihood in a vacuum, without oversight. “Automated facial verification was not the reason for Mr Manjang’s temporary loss of access to his courier account.”

The UK government recently issued guidance for responsible AI in recruitment.