It has quickly become routine for employees to use AI tools to draft workplace grievances and Employment Tribunal claims. While these AI-generated documents often contain errors or misunderstandings of employment law in England and Wales, they cannot simply be dismissed. Employers must still treat them as legitimate complaints.
Why employees are using AI
For employees, AI tools are fast, cheap and easy to use. They can help individuals express their concerns clearly. In some ways, this is a positive development. Many employees with genuine complaints now have a way to articulate them more effectively, particularly when they lack confidence in written English.
However, the downside is that these AI-generated grievances are not always accurate or relevant. Claims can be made that cite laws which do not exist, apply legislation from other jurisdictions or rely on legal principles that have no bearing on the employee’s situation. A grievance or Tribunal claim might look polished and authoritative but on closer inspection, be legally incoherent.
The impact on HR teams
Internally, HR teams are finding that AI has made grievances longer, more complex and harder to interpret. What once might have been a one-page email from an employee can now be a five-page, formally written document filled with detailed allegations and legal references. It can take minutes for an employee to generate this but hours for HR to analyse and respond to.
The AI-generated grievance may also not have been checked for accuracy by the employee. Employees may not fully understand the limitations of generative AI and may be assuming that if the AI tool has written something, it must be correct.
The result is an increasing administrative burden. HR professionals often struggle to identify the real issue buried in the text. This risks delays, frustration and possible escalation.
A practical approach to AI-generated grievances
The best approach is to focus less on the literal written word of the grievance and more on the underlying concerns. Employers should take early steps to clarify what the grievance is really about. Arrange a meeting with the employee to discuss their complaint face-to-face. Human interaction helps cut through the confusion of AI-generated text and refocuses the process on a solution.
A simple and effective tactic is then to write to the employee summarising the key issues as you understand them:
“We’ve received your grievance. To summarise, your concern is ….”
Alternatively,
This approach reduces the risk of HR staff becoming entangled in lengthy written correspondence, particularly when AI is used to generate follow-up letters. Resist the temptation to respond in kind to every AI-generated email. Instead, concentrate on the grievance procedure itself – meetings, fact-finding and resolution.
The Employment Tribunal perspective
The same caution applies if a claim reaches an Employment Tribunal. Endless back-and-forth letters with an AI-assisted claimant can increase costs without moving the case forward. Instead, concentrate on the key issues, prepare your evidence and ensure the process is followed correctly.
Policy and training updates
Given the rise of AI in the workplace, employers should update HR policies to cover its use. A clear AI policy can address:
- Acceptable use – what employees can and cannot use AI tools for.
- Confidentiality – prohibiting staff from entering sensitive company information into public AI systems.
- Data protection – clarifying the risks of sharing personal or confidential data with third-party platforms.
- Disciplinary implications – making it clear that unauthorised use of AI in certain contexts may be a disciplinary matter.
In parallel, HR teams and managers should receive training on how to handle AI-generated grievances and claims, including keeping the focus on the facts and the process.
Moving forward
AI isn’t going away, so it is important for employers to adapt by updating your policies and handling AI-generated grievances by getting to the crux of problem as quickly as possible and focusing on human interaction.
For further advice and information please contact B P Collins’ employment team at enquiries@bpcollins.co.uk or call 01753 889995.
