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Aipedia: HR consultants

AI-written job descriptions and adverts

AI-written job adverts can include gendered or age-coded language and requirements that the role does not need, creating Equality Act exposure for the employer. The consultant who drafted or approved the wording may then face a recovery claim.

In short

Generative AI drafts job descriptions quickly but can repeat stereotypes from its training text: gendered adjectives, phrases suggesting youth, unnecessary degree or driving requirements, and overseas conventions such as asking for photos. Candidates who are put off or rejected may claim discrimination against the employer. The client may then pursue the consultant, and section 112 of the Equality Act prohibits knowingly helping a contravention. The CIPD Code requires fair, equitable and evidence-based work. PI usually responds to negligent drafting claims, subject to the wording.

How AI is used for job descriptions and adverts

Drafting job descriptions is an obvious use of generative AI in HR. A consultant gives a generative AI chatbot the role title and a few notes and receives a polished description, person specification and advert in seconds. Some recruitment platforms may generate adverts automatically from a template. It saves time, but the output reflects patterns in the text the model learned from, including stereotypes.

Where the wording goes wrong

Any of these can support an indirect or direct discrimination argument under the Equality Act 2010 if a candidate is put off or rejected.

The problem is that AI output reads as professional and neutral, so a reviewer skimming it for tone can miss a requirement that would not survive scrutiny. A job description also tends to outlive the advert. It feeds the interview questions, the scoring criteria and later the performance standards, so a biased requirement can echo through the whole recruitment process and into how the role is managed afterwards.

Duties for the consultant

The advert is usually published by the client, so the Equality Act exposure sits mainly with the client as prospective employer. A consultant is not off the hook, though. Section 112 of the Equality Act says a person must not knowingly help another to contravene the Act, and the client will look to its adviser if wording it relied on causes a claim. The CIPD Code requires fair and equitable policies and equal opportunity (positive and active impact, cl.1 and cl.2), and an up-to-date, evidence-based service (professional service and competence, cl.2). The CIPD's 2023 AI advice told HR teams to watch for bias in generative AI output.

What can go wrong

Illustrative: a consultant uses a generative AI chatbot to produce adverts for a client's sales roles. The text asks for "energetic recent graduates" and a full driving licence, though the roles are office-based. An older applicant and a disabled applicant who cannot drive are both rejected and bring tribunal claims. The client's legal costs and any settlement are then put to the consultant as losses caused by negligent drafting.

How PI usually responds

A client's claim that you drafted wording negligently is the kind of claim HR consultant PI is usually designed for, subject to the policy terms. Points to check are whether the policy excludes or limits losses arising from discrimination, how it treats claims where the client settled without involving you, and any AI clauses. Your contract terms also matter, including any liability cap. See PI for HR consultants for the wider picture.

Practical controls

How Apex helps

Apex arranges PI for HR consultants who draft recruitment material for clients. A broker can confirm how your cover treats drafting claims linked to discrimination. Related guides: AI CV screening, AI-drafted policies and AI in HR consulting.

Sources

Frequently asked

Can a job advert itself be discriminatory?

Yes. Wording that discourages a group, or requirements that the job does not need and that disadvantage people with a protected characteristic, can support a discrimination claim under the Equality Act 2010 when candidates are deterred or rejected.

Is the consultant liable for an advert the client published?

The client usually faces the candidate's claim. It may then seek to recover its losses from the consultant who drafted the wording. Whether that succeeds depends on the advice given, the contract and what the client changed.

Should I tell clients I used AI to draft the advert?

There is no specific rule requiring it, but transparency is good practice and the CIPD's 2023 advice stresses accountability. What matters most is that you reviewed the output and can explain each requirement.

What is the safest way to use AI for job adverts?

Start from a proper role analysis rather than a title, use the AI draft only for structure and tone, then check every requirement is genuinely needed, remove coded language and unnecessary personal data requests, and get written client sign-off.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.