‘Neurotechnology & The Law; Employment’- Harry Lambert published in the New Law Journal

Are we approaching a new frontier for employee monitoring? Harry Lambert joins forces with fellow barrister, Josh Neaman, to examine how developments in neurotechnology might impact legal rights in the workplace in this article for the latest edition of the New Law Journal.

Over the last few months, the New Law Journal has published a series of articles on neurotechnology and the law, from privacy and data protection to its use in personal injury claims. This article (Part 8 of this special NLJ series) considers how the widespread adoption of neurotechnology in the workplace will impact upon the rights of employees. The focus is on two pillars of employment law: unfair dismissal and discrimination. Harry and Josh consider how the law in these areas may apply to various factual scenarios involving neurotechnology at work, and analyse whether, to what extent and where the current framework, borne of an analogue age, may be ill-equipped for the age of neurotechnology.

Harry and Josh examine how the integration of neurotechnology, such as wearable brain-computer interfaces (BCIs), in the workplace creates challenges for existing employment law, particularly in relation to unfair dismissal and discrimination. Both overt and covert monitoring use of BCIs may lead to claims of direct or indirect discrimination, especially when algorithmic biases affect the reliability of data used in managerial decisions.

Neurotechnology & The Law: Employment (Part 8)

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For previous articles in this series, see:
Pt 1: ‘Neurotechnology & the law’, 174 NLJ 8074, pp18-21;
Pt 2: ‘Why all lawyers should care about Neurotechnology’, 174 NLJ 8079, pp7-9;
Pt 3: ‘Neurotech: privacy & data protection’, 174 NLJ 8089, pp16-18;
Pt 4: ‘Neurotechnology & the law: other jurisdictions’ 174 NLJ 8096, pp19-20;
Pt 5: ‘Neurotechnology & the law: product liability’, 174 NLJ 8098, pp17-19;
Pt 6: ‘Neurotechnology & the law: Personal injury & clinical negligence’, NLJ, 24 January
2025, pp18-20; and
Pt 7: ‘Neurotechnology & the law: human rights & civil liberties’, NLJ, 14 February 2025, pp17-19.

About the author

Harry Lambert specialises in the areas of product liability, medical tech, clinical negligence, personal injury, and human rights law. He is also renowned for his expertise in group litigation claims relating to these areas.

Harry is a creative and inventive lawyer, at the forefront of thought leadership on issues of product liability in the digital age. He is also the Founder and Head of the Centre for Neurotechnology & Law, and his 12-part series on Neurotechnology and The Law has garnered academic acclaim, been translated into several European languages, and turned into a podcast run by the Italian equivalent of the Financial Times.

To find out more about Harry, contact Paul Barton on +44 (0)20 7427 4907 or Harry Gamble on +44 (0)20 7353 6381 for a confidential discussion.

External Publications, News 2 Jun, 2025