We have recently been aiding a client with a grievance, which was obviously prepared using AI. At first glance it looked like a very thorough and professional piece of work, however, closer inspection showed that there were numerous mistakes in both the legislation and the case law provided – we had a grievance that might well have been a full blown tribunal claim.
Clearly as more people look to AI to generate letters there is going to be concerns over the legitimacy of the work, but perhaps more importantly it may well give confidence to employees to make a claim that might not have happened previously.
AI in Employment Tribunals
Employment Tribunal claims are, according to some sources, likely to rise by 15% because of the Employment Rights Bill provisions. Add to this the fact that more and more people are turning to AI to draft grievances and tribunal claims we are looking at some difficult times ahead.
It is important that Managers and HR specialists can spot the AI generated complaints. Some claimants have already tried to use AI in employment tribunals only to be rebuked by Employment Judges, simple because of gross inaccuracies caused by the AI making up ‘facts’ or stealing them from other jurisdictions – notably the USA.
How to spot AI
So, what might you look for – you will know your employee and the way that they speak, therefore, in the first instance look for a change in the manner of the grievance, most people would write them as they speak, but AI tends to be much more formal, it is also unnecessarily lengthy and will throw in case law precedents and legislation.
However, a look at some of the case law will show that it has simply appeared because of keyword similarity and it will have nothing to do with the facts of the case. And, as I said earlier it may well be taken from a different jurisdiction.
AI will happily embellish events, which might make them seem a lot more serious than they are – be careful to check the facts and make sure that the complaint is properly substantiated. AI is here to stay, so we will just have to deal with it, for sure, AI is getting better, more accurate, all the time.
It is thought that over a third of all employees in the UK are using AI daily, it follows that you will soon be seeing AI generated grievances. These grievances may look as if they have been prepared by lawyers, but close inspection may well
Please make sure that you are on the lookout for out of character letters, complaints or grievances, and call the experts on 0115 856 1625 if you have any concerns.
