Artificial intelligence (AI) is rapidly advancing and becoming widely used in the workplace. We are seeing a trend where employees use it to file formal grievances at work and litigate their claims.
AI tools help employees draft detailed complaints regarding workplace issues. Employers are increasingly confronted with complaints that are more detailed, complex and often contain inaccuracies.
Employers are still required to adhere to the ACAS Code of Practice and address every aspect of the grievance in a thorough and appropriate manner. The employer must inform the employee of the decision, as well as the reasons for it.
Due to concerns about data security and accuracy, it is not recommended that those who are responsible for dealing with these complaints use AI. However, AI could be useful for certain aspects of the investigation, such as to collect and summarize evidence.
An investigation that is reasonable
Employers are required to conduct a reasonable investigation. This includes speaking with the individuals who were named in the complaint. What constitutes an’fair investigation’ in a world where AI-generated complaints are more prevalent?
Employment tribunals will certainly deal with this in the future, but it is important to start by defining the nature of the grievance of the employee. This is especially true if the grievance submitted was generated using AI and does not accurately reflect their complaint.
It is not just AI-generated grievances that are affected. A face-toface meeting is required by the Acas Code. It will allow the grievance to be assessed and the scope of the investigation without AI.
AI in litigation
AI is also being used by claimants to help them litigate their claims without having to pay for legal advice. This can (intentionally, or not) lead to more extensive communication that drives up legal costs for the employer and could overwhelm an already overstretched system.
This has been reported in relation to a recent a href=”https://www.lawgazette.co.uk/news/another-ai-failure-as fictitious-cases cited by litigant in person/5123793.article” rel=”noreferrer noopener” target=”_blank”>intellectual property case/a> and other claims. It was reported that this happened in a recent case involving intellectual property and other claims. If employees rely on AI to provide legal advice, they may receive inaccurate information that could negatively impact their claims.
AI could provide incorrect information to claimants, for example AI may interpret the ” Three Months Less One Day” rule incorrectly, or it could even lead claimants into bringing certain claims that the tribunal does not have jurisdiction over.
The proposed changes by the Government under the Employment Rights Bill are expected to lead to an increase in tribunal claims (including the right to make a claim for unfair dismissal from the day of the incident). AI could increase the number of claims, and put more pressure on the employment tribunals.
The integration of AI into employment laws and the implications it has for employees and employers must be carefully considered.
What can you do to help?
Employers may want to adopt the following measures.
- Introduce an AI policy. It should include clear guidelines on how employees can legitimately use AI to perform their duties. This includes warnings about the limitations of AI, and the necessity of checking the accuracy of work done with AI assistance.
- Expectations for grievances. Consider defining parameters for formal complaints submitted by employees. These should be factual and reflect their personal experiences, not solely relying on AI-generated narrative.
- Assuring that the HR team and line managers have received full training on the Acas Code, how to deal with complex grievances or AI-influenced ones, and how they can identify and handle AI-generated content. They should also be aware of the importance documenting the entire grievance process.
- Include in your grievance and discipline policies a mention of the possible consequences for employees who raise repetitive, frivolous or vexatious grievances. Also, explain when an employer might refuse to conduct further investigation. Employers must exercise caution before denying an investigation or disciplining a worker for raising a grievance.
AI has its moment, but it is not going anywhere. It is a new way to work for many. Employers must adapt quickly to harness AI’s enormous potential, but also be prepared for its unintended effects while ensuring that they comply with their legal obligations.
