Lawyers Say AI-driven Complaints Raise Unrealistic Hopes, Deepening Workplace Divides

Sixty percent of UK businesses have recently handled employee grievances generated by artificial intelligence with a third claiming workers are also using it to prepare for legal action such as employment tribunals - according to a survey by Irwin Mitchell which explores the growing presence of AI tools in workplace disputes.

The national law firm, which polled 200 HR professionals, says employees are increasingly turning to AI platforms and adds it is fuelling unrealistic expectations among employees and making workplace disputes harder to resolve.

Key findings

• 60% of HR managers suspect AI involvement in at least one grievance.
• 1 in 3 HR managers reported involvement in an employment tribunal claim or litigation where they believed AI had been used by the employee to prepare their case.
• 52% say AI-drafted grievances were harder to resolve, citing overly formal or legalistic language, and a lack of personal context.

  Expert Opinion

  “AI is rapidly transforming the workplace, not just in how businesses operate but also in how employees are using it to understand their rights. While tools like ChatGPT can empower individuals to articulate their concerns more clearly, they can make it more difficult to resolve those concerns.
  
  “AI is a people pleaser and tells them what it thinks they want to hear. That’s because it relies on the information the employee has given it which may not provide the entire context or all relevant facts. We’ve seen examples where the advice it has provided is incorrect in terms of the relevant law. But, more frequently, it exaggerates the degree to which the employer has breached the employee’s rights and how much they might be awarded if they bring an employment claim. That gives rise to unrealistic expectations and can contribute towards the relationship breaking down further.
  
  “Employees have the right to raise concerns, and it’s important not to dismiss these concerns simply because you dislike the tone or suspect AI involvement. What matters most is understanding the underlying issues that sit behind a 30 page grievance, and that’s best done face to face.
  
  “To reduce risk and improve outcomes, employers should act early to resolve issues, foster a positive workplace culture, and train managers in conflict resolution.
  
  “Providing staff with AI awareness training can also help improve understanding of its strengths and weaknesses, reduce reliance on inaccurate outputs, and promote responsible use. This is crucial as the forthcoming Employment Rights Bill introduces new rights and increases the potential for claims.”
  Elaine Huttley, Partner and National Head of Employment at Irwin Mitchell