Joshua Davies, Employment Law Paralegal, discusses how employers should respond when faced with an AI-generated grievance and why a measured, practical approach is more important than ever.
AI-generated workplace grievances
What may once have been a short email outlining a workplace concern can now arrive as a detailed multi-page document complete with references to employment law, discrimination claims and potential tribunal proceedings.
In some cases, AI can help employees better understand their rights and communicate concerns more clearly. However, AI-generated content isn’t always accurate. It can sometimes include legal terminology, assumptions or even references to cases that do not exist.
As a result, employers are increasingly having to spend additional time separating genuine concerns from AI-generated commentary.
How should employers respond?
Whether a grievance is written by an employee, a representative or with the assistance of AI, an employer’s obligations remain the same.
The focus should be on identifying and investigating the underlying concerns, rather than becoming distracted by the style, tone or length of the document.
When faced with a lengthy AI-generated grievance, employers should:
- Identify the key allegations and concerns
- Meet with the employee to clarify the issues being raised
- Investigate the facts as they would with any other grievance
- Keep communication clear, concise and professional
- Focus on the substance of the complaint rather than AI-generated legal commentary
This approach is particularly important given a recent decision in Australia, where the Fair Work Commission restricted a claimant’s use of AI-generated submissions after correspondence became overly lengthy, repetitive and difficult to deal with effectively.
Whilst this case is not of legal precedent in England and Wales, it is perhaps likely we will see the employment tribunals making similar findings. The case highlights a growing concern that excessive AI-generated content can sometimes hinder, rather than assist, the resolution of workplace disputes.
Does using AI make an employee’s grievance less credible?
Not necessarily.
We’re still in the early stages of widespread AI use, and the legal system in England and Wales has yet to adopt a clear or consistent position on AI-generated documents.
That said, courts and tribunals are becoming increasingly aware of the risks associated with AI. There have been instances where AI-generated submissions have included inaccurate information or references to cases that do not exist. As a result, judges are paying closer attention to whether documents accurately reflect the facts and legal position of a case.
However, where AI is simply used to improve clarity or help an employee structure their concerns, it’s unlikely to affect the credibility of the grievance itself. What matters is whether the allegations are supported by evidence and accurately reflect what has happened.
Why employers need robust procedures
AI has made employment law information more accessible than ever before. Employees can now quickly access guidance, legislation and template documents at the click of a button.
At the same time, significant changes to employment rights are on the horizon. With the planned removal of the two-year qualifying period for unfair dismissal claims expected to come into effect from January, many commentators anticipate an increase in workplace disputes and potential tribunal claims.
As employees become more aware of their rights, employers can expect greater scrutiny of workplace procedures, particularly when dealing with grievances, disciplinaries and dismissals.
The best protection against complaints and potential claims remains the same as it has always been:
- Following fair and consistent procedures
- Maintaining clear records
- Carrying out thorough investigations
- Seeking professional advice when required
- Ensuring managers are properly trained
While AI may change how grievances are drafted, it doesn’t change the legal obligations placed on employers.
My final thoughts
AI-generated grievances are likely to become increasingly common. Although they can be longer and more complex than traditional complaints, employers should focus on the substance rather than the presentation.
By taking a practical approach, engaging directly with employees and following established procedures, employers can ensure concerns are addressed fairly while reducing the risk of disputes escalating unnecessarily.
Our Employment Law team provides practical support for employers dealing with workplace disputes, disciplinary processes, grievances and potential tribunal claims. We also offer manager training, policy reviews and ongoing employment law support to help businesses minimise risk and stay compliant.
To discuss how we can support your business, contact our Employment Law team today on 03456 465 465 or email enquiries@rotherabray.co.uk
