With widely accessible tools such as ChatGPT and Copilot, the use of artificial intelligence (AI) to draft grievances, complaints and even Employment Tribunal claims is an emerging trend HR teams and employers are increasingly encountering.
While AI can make it easier for employees to raise concerns, it is also creating new challenges around accuracy and credibility, particularly where submissions feel more articulated or legally sophisticated than expected. This blog explores how AI is shaping the way workplace grievances, complaints and tribunal claims are drafted, the risks this creates for employers and importance of staying focused on the underlying facts.
How AI Is Changing Workplace Complaints
AI-generated submissions can significantly alter the tone and structure of complaints by:
- Exaggerating legal arguments, sometimes turning minor disputes into serious allegations
- Including case law or legal references without fully understanding their relevance
- Appearing overly formal, highly structured and repetitive, compared with an employeeโs usual communication style
- Creating a polished document that may not accurately reflect the underlying facts
This may create unrealistic expectations for the employee regarding the likely outcome, potentially making early resolutions or settlements more difficult.
There is a risk in dismissing complaints simply because they appear poorly drafted, over legalistic or factually inconsistent, particularly if there is genuine concern behind them. The focus must remain on ensuring that all complaints are taken seriously and investigated fairly and consistently and in line with the ACAS Code of Practice, regardless of how they are presented.ย ย
Data Protection and Confidentiality Risks
AI-generated complaints can also raise the risk of data breaches or unintended disclosure of protected information where employees use AI tools to input:
- Confidential company information
- Sensitive personal data relating to colleagues
- Commercially sensitive material
Where disputes escalate to the Employment Tribunal, there is a potential for disclosure to include AI prompts or input data which could reveal how documents were created and what information was shared.
Practical Steps for HR Teams and Investigators
The priority for HR teams and investigators should always be to establish the underlying facts rather than becoming distracted by legal language, terminology, structure or tone. Employers should consider the following:
- Donโt be panicked by AI generated grievances littered with legal language. Break them down into separate, succinct allegations, confirm these at the grievance hearing and assess each allegation separately against available evidence
- Ensure investigations remain evidence-led, with decisions based on documents, witness statements and factual records, rather than the style or tone of the complaint
- Use follow-up questioning to test inconsistencies, exaggerations or embellishments that do not align with earlier accounts of events
- Review and update policies and guidance to address the use of AI, including expectations around honesty and accuracy, guidance on appropriate use of AI tools and safeguards for confidential and personal data
- Ask employees at the hearing whether AI has been used in preparing a complaint or statement, and where it has, ask them to put their complaint into their own words at the hearing.
- Avoid penalising employees who use AI to overcome language barriers or help structure their concerns.
Expert Support
At EML, we have already seen a rise in highly structured, legally framed submissions from client employees. However, the requirement to investigate them fairly and consistently and with a clear understanding of the underlying issues remains the same. If youโre finding it difficult to navigate this area and would like support, seeking external advice can be valuable. Get in touch to find out how we can help your organisation.
