
AI-Generated Grievances: Navigating a New Workplace Reality
There is no doubt that Artificial Intelligence (AI) is rapidly becoming a part of everyday working life in the UK and is here to stay. It is becoming increasingly common for employees to use AI tools to draft grievances, responses to disciplinary allegations and to draft Employment Tribunal claims. While these tools can help individuals clearly articulate their concerns and reference their rights, it does not necessarily mean that the legal content is correct.
This article highlights the challenges of AI-generated grievances and how employers can address them effectively.
Length of Grievances:
AI-generated grievances are often lengthy, detailed, and filled with legal terminology or speculative arguments. Even where an employee provides limited information, AI tools can expand on it significantly, sometimes introducing issues the employee did not intend to raise. As a result, the employee’s true complaint may become obscured within their grievance. This can make investigations more difficult, particularly if the employee struggles to fully understand or explain a grievance drafted by AI. Early clarification is therefore essential, with employers focusing on the actual substance of the concerns rather than the wording of the AI-generated document.
AI Hallucinations:
AI hallucinations are outputs produced by AI systems that appear confident and credible but are in fact false, misleading, or logically flawed. In workplace complaints, this can come in the form of case law that doesn’t exist, foreign laws that won’t apply to the employee, or simply events that never occurred. This can waste time in grievance investigations by managers investigating irrelevant issues. Employers should ensure they check key points with employees early on and take legal advice if necessary to verify the basis of an Employee’s claims.
Optimistic Advice:
AI tools can be guilty of telling users what they want to hear, instead of providing a balanced and accurate assessment. This can occur when an employee only inputs limited information, or the AI tool lacks full context. This means that employees may be given an inflated or overly optimistic view of their chances of success, including the value of a potential claim. This may act as a barrier to early resolution or a financial settlement, particularly if the employee believes they have the potential to receive a jackpot lottery size win based on information that may have been inaccurate or incomplete to begin with.
Data Risks:
Another issue is the risk of employees inadvertently sharing confidential information when drafting grievances with AI. Employees may be tempted to input names, internal documents or commercially sensitive data into an AI tool to assist them when writing a complaint. However, many public AI tools store user inputs in order to improve their performance and even share such information with unknown third parties, causing serious data protection and confidentiality risks.
Practical Tips for Employers:
Ensuring a Fair Approach:
When dealing with a lengthy and sophisticated grievance, employers should not get caught up on the particular wording of the grievance and instead focus on the core issues being raised. Setting up a face-to-face meeting with the employee can help discuss their concerns directly as well as clear up any misunderstandings created by the AI-generated text.
Employers should also be mindful that, even where a grievance has been generated using AI, it remains a formal grievance and must be handled in accordance with the ACAS Code. This includes conducting a reasonable investigation, following a fair procedure, and addressing the matter without undue delay. In other words, the employer should focus on understanding the core issues and avoid being sidetracked by AI-generated content that may not be relevant.
Providing Training:
At first glance, AI-generated grievances can seem intimidating due to their length, tone, and often forceful or legalistic language. Training managers and HR professionals on spotting AI generated grievances can help ensure teams are not overwhelmed by lengthy and overly legalistic wording, helping them take appropriate action. Training programs and awareness initiatives can also equip employees in understanding the risks and responsibilities of using AI in the workplace.
Update Policies:
Given the growing concerns associated with AI in the workplace, employers should review and update their HR policies to clearly address acceptable AI use. Importantly, employees should be reminded that their confidentiality obligations extend to the use of AI tools, including AI usage outside of the office. Policies should also outline what is considered permissible use, what AI platforms are approved and make clear that unauthorised or inappropriate use of AI may lead to disciplinary action.
AI is becoming increasingly embedded in workplace processes, and employers can expect to face these issues more regularly going forward. With the Employment Rights Act 2025 reducing the qualifying period for unfair dismissal to six months and removing the compensation cap from 2027, employers may face more claims if grievances are mishandled. Focusing on the substance of complaints, updating policies, and guiding responsible AI use will help organisations manage risks, maintain trust, and ensure compliance in an increasingly AI-driven workplace.
If you have any questions regarding the contents of this article or if you would like to speak to a member of our Employment team, please contact us here.
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
Insights
Latest Insights
Request a call back
We’ll arrange a no-obligation call back at a time to suit you.