The rise of AI-generated workplace disputes: What HR needs to know

AI is transforming the way employees raise workplace complaints. Over the past 12 months, employers have seen a sharp rise in AI-assisted grievances and Employment Tribunal claims. While AI can help employees articulate genuine concerns, it can also generate lengthy, aggressive and factually inaccurate submissions that make resolution harder. Below, we set out the key challenges employers are facing and practical steps HR teams can take in response.

AI-assisted grievances

AI can help employees summarise their complaints, but in practice, AI-assisted grievances often make the investigation process harder. Here are the most common issues employers are encountering - and potential solutions.

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AI-assisted Employment Tribunal claims

We are aware that some legal businesses are using AI to varying degrees in bringing Employment Tribunal claims. Many litigants in person are also using it and judges have indicated that, when used properly, AI can be a powerful tool to help claimants assess and structure their claims. However, there are currently many examples where its use has been far from constructive.

Privilege

Privilege

Legal privilege is a concept that permits parties to seek legal advice without that advice becoming public. An employer can ask its lawyer to report on the merits of its defence without concern that the Claimant will be able to seek disclosure of that advice.

There is considerable debate about whether "privilege" is available to parties using AI to assist with their claim or defence. A key requirement of privileged information is that it must be confidential. If parties are seeking advice from public AI platforms, or uploading documents to AI, that information is arguably no longer confidential. To the extent such information is relevant to the claim or its defence, an employer may be able to seek disclosure of an employee’s AI prompts and the responses received.

The use of AI in workplace disputes will only increase. The employers best placed to manage these challenges are those taking proactive steps now: reviewing grievance policies, setting clear expectations around AI use and data confidentiality and ensuring that managers and HR teams are equipped to look beyond AI-generated content to identify and resolve the real issues at stake.

How we can help

How we can help

If you have any queries regarding the content of this legal article, please get in touch with authors Rena Magdani, Matt McBride or another member of our Employment team.

Read the other articles featured in our latest Employment update here: 

The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.

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