AI-Generated Grievances and Employment Tribunal Claims

Artificial intelligence is rapidly changing the workplace, and not just in the way businesses operate. Employment lawyers are increasingly seeing grievances and Employment Tribunal claims that have been drafted, or at least heavily influenced, by AI.

For employers, this presents a new challenge. AI tools can produce polished, legally worded documents in seconds, making workplace complaints appear more sophisticated than ever before. While this can help employees communicate their concerns more clearly, it can also make it more difficult for employers to identify the issues that genuinely require investigation. In turn this makes it more difficult to ensure you have properly dealt with all concerns raised. The key is not to be distracted by the style of the document or gloss over sections which appear overly legalistic. Employers should focus on the substance of the complaint and ensure that every grievance is investigated fairly and objectively.

More detailed grievances, but not always more accurate

Many employees now use AI to assist in preparing their workplace grievances. A brief description of a workplace issue can generate a lengthy document referring to employment legislation, discrimination, whistleblowing, breach of contract and other legal concepts that the employee themselves may not have been aware of, or even intend. In some cases, this results in a well-structured summary of legitimate concerns. In others, AI can include allegations that are unsupported by the facts or based on an incorrect understanding of the law.

It is becoming increasingly common for grievances to contain numerous allegations, some of which may have little connection to the employee’s actual experience. This can significantly increase the time and resources required to investigate what may originally have been a relatively straightforward workplace dispute.

The impact on grievance investigations

Employers have a legal duty to deal with grievances reasonably and in accordance with the principles of fairness. That obligation does not change simply because a grievance appears to have been generated using AI. However, AI-generated documents can present practical difficulties.

During grievance meetings, managers and HR professionals may discover that employees are unable to explain certain allegations or legal arguments contained within their own submissions. This is not necessarily because the complaint lacks merit, but because the employee may have relied on AI to draft the document without fully understanding every point it contains.

For this reason, investigators should focus on establishing the facts by asking open questions and seeking evidence to support each allegation, rather than becoming distracted by legal terminology or lengthy narrative.

AI is influencing Employment Tribunal claims

The same trend is emerging in Employment Tribunal claims. Historically, claim forms submitted by unrepresented employees were often relatively brief. Today, AI enables individuals to produce documents that resemble professionally drafted claims. Although these claims may appear more legally sophisticated, we are increasingly encountering Tribunal claims containing inaccurate legal tests, references to legislation that does not apply, contradictory allegations and, in some instances, entirely fictional case law generated by AI.

Responding to these claims can require considerable time, as employers must carefully distinguish between allegations that genuinely require a response and those that are unsupported or legally irrelevant.

Should employers treat AI-generated grievances differently?

An AI-generated grievance should be treated in exactly the same way as any other workplace complaint. Employers should avoid making assumptions about the credibility of a complaint based on how it has been drafted. A professionally written grievance may still lack supporting evidence, while a poorly drafted complaint may raise serious concerns that require immediate attention. Employment disputes are determined by evidence rather than eloquence.

Practical steps for employers

As AI becomes increasingly accessible, employers should consider reviewing their approach to workplace investigations. Do not allow yourself to become frustrated by a complex or lengthy grievance that you know your employee hasn’t written themselves. Break it down; do not get distracted from the key issues. You must still follow your internal procedures. Good practice includes:

• Identifying the key factual allegations at an early stage
• Asking employees to explain each allegation in their own words during meetings
• Seeking documentary and witness evidence before reaching conclusions
• Avoiding unnecessary time investigating speculative or duplicated allegations
• Ensuring managers are trained to distinguish between legal language and factual evidence.

A structured and evidence-based investigation remains the most effective way of managing workplace disputes, regardless of how the complaint was drafted.

Looking ahead

AI is likely to become a permanent feature of employment relations. Employees will continue to use technology to help prepare grievances, correspondence and Tribunal claims and employers should expect workplace disputes to become increasingly detailed and legally framed. That does not mean every complaint is stronger than those seen previously. Rather, it means employers need to look beyond the language and focus on the facts.

Seeking legal advice at an early stage can help employers identify the real issues, manage investigations effectively and minimise the risk of procedural errors that could later be scrutinised in the Employment Tribunal.

How Hopkins can help?

Our Employment law team at Hopkins Solicitors advises employers of all sizes on workplace grievances, disciplinary procedures, discrimination claims and other Employment Tribunal claims. Whether you are responding to a complex grievance or defending Tribunal proceedings, we can provide practical, commercial advice to help you manage the process confidently and reduce legal risk.

If you would like to discuss an employment issue with one of our Team, please get in touch by clicking the Request a Callback button or giving us a call on 01623 468 468.