Clare Brennan highlights the legal risks of AI digital twins in the workplace in Personnel Today
Clare’s comments were published in Personnel Today, 27 May 2026, and can be seen here
Clare Brennan, Partner in our Corporate and Commercial department, discusses the emergence of AI “digital twins” in the workplace.
Clare highlights how these systems go beyond traditional automation by replicating an employee’s communication style, judgement and decision-making. She explains that this development shifts AI from a purely technological tool into a core employment law issue, raising fundamental questions about who owns and controls a digital representation of an individual’s professional identity.
Clare highlights that digital twins blur the traditional distinction between employee output and employer ownership, creating a new type of asset that sits between personal data, intellectual property and individual skill. She notes that most employment contracts do not explicitly account for AI systems built from employee behaviour, creating uncertainty and the potential for disputes over expectations, rights and protections.
Clare expresses concern around employee relations and consent, pointing out that workers may resist participation in creating digital twins, particularly where their personal approach and expertise are being replicated. She emphasises that employees may seek additional safeguards or compensation, and warns that requiring participation without clear contractual authority could lead to grievances or even constructive dismissal claims.
Clare further highlights the significant risks relating to data use, trust and job security, noting that employees may worry about their roles being reduced or replaced by AI models trained on their own performance. She stresses that organisations should prioritise transparency, review contractual frameworks, and carefully manage morale and retention, concluding that digital twins must be treated as a people issue as much as a technological one to effectively mitigate legal and cultural risks.
Read the full article on the Personnel Today website, [external link].