A recent Financial Times article highlights a development that is rapidly reshaping the employment tribunal landscape: the increasing use of artificial intelligence by employees to prepare grievances, tribunal claims and supporting documentation.
What was once a novelty has become commonplace. According to employment lawyers quoted in the Financial Times article, AI-generated content now appears in a significant proportion of tribunal claims. Some practitioners report that almost every recent case they have handled contains material that appears to have been produced or heavily assisted by AI. The consequences for employers are becoming increasingly apparent.
The Rise of the AI-Assisted Grievance
One example cited in the article involved an employee submitting a grievance of approximately 1,000 pages, complete with a user guide to help the recipient navigate the document.
Whilst this may seem extreme, it illustrates a broader trend. AI tools can now generate lengthy, detailed and legally framed complaints at little or no cost. Employees who previously may have submitted a short grievance letter can now produce extensive submissions containing references to legislation, case law, workplace policies and procedural arguments.
The challenge for employers is that document volume does not necessarily equate to legal merit. However, every allegation still requires careful consideration, investigation and response.
What This Means for Businesses
Increased HR and Management Time
AI enables employees to produce documents far more quickly than employers can review them.
A grievance that might once have taken an HR manager an hour to assess can now require days of analysis. Employers may find themselves dealing with:
- Lengthy grievance documents.
- Detailed chronologies.
- Multiple allegations.
- Extensive appendices.
- References to legal concepts which may or may not be relevant.
Even where many of the points are repetitive or unsupported, employers cannot simply dismiss them out of hand. Failure to properly investigate concerns can create additional legal risks if litigation subsequently follows.
Earlier Escalation of Workplace Disputes
Historically, employees often needed legal advice before framing complaints in legal terms. AI has significantly lowered that barrier. As a result, businesses may see workplace disagreements escalate more quickly into formal grievances containing allegations of discrimination, whistleblowing detriment, victimisation, breach of contract or unfair treatment.
This can place pressure on managers who may not have the experience or training to distinguish genuine legal issues from AI-generated legal jargon.
Increased Litigation Risk
The article notes significant increases in tribunal activity, including rising claim volumes and growing backlogs. Where AI makes it easier for employees to understand their rights, draft pleadings and organise evidence, more individuals are likely to pursue claims rather than abandon them.
For employers, this may mean:
- More tribunal claims.
- More complex claims.
- Greater legal costs.
- Longer periods spent managing disputes.
- Increased management distraction.
Even where claims ultimately lack merit, the cost of defending them can still be substantial.
Greater Accessibility Creates New Challenges
There is another side to this debate. Many commentators point out that AI is improving access to justice. Employees who cannot afford solicitors, those with language barriers, migrants and neurodiverse workers may now have better access to information and legal processes than ever before. For employers, this means that assumptions about an employee’s ability to pursue legal action may no longer be reliable. An individual with limited resources can now prepare sophisticated-looking grievances and tribunal documentation with minimal cost.
Pressure on Internal Processes
Perhaps the most important lesson for businesses is that AI-assisted litigation usually begins as an AI-assisted grievance. By the time lawyers become involved, positions are often entrenched and relationships may have deteriorated.
Many tribunal claims could potentially be avoided if the underlying grievance is identified, investigated and resolved effectively at an early stage.
As an employer you should therefore review your:
- Grievance procedures.
- Manager training.
- Investigation processes.
- Record-keeping practices.
- Escalation procedures for complex complaints.
The ability to quickly identify the real issues hidden within lengthy AI-generated documents is rapidly becoming an important HR and management skill.
Practical Steps for Employers
Businesses should prepare for a future in which AI-generated workplace complaints become routine rather than exceptional.
Practical steps include:
- Training HR teams and managers to recognise AI-assisted grievances and identify the genuine issues requiring investigation.
- Focusing on substance over volume, ensuring investigations address the actual complaint rather than every piece of AI-generated narrative.
- Maintaining clear records of decision-making and grievance handling.
- Obtaining legal advice early where grievances contain allegations of discrimination, whistleblowing or dismissal-related concerns.
- Reviewing grievance procedures to ensure they remain effective when dealing with increasingly lengthy and sophisticated submissions.
In summary
AI is transforming employment disputes long before claims reach the Employment Tribunal. Employees can now generate extensive, legally framed grievances with unprecedented ease, increasing the administrative burden on employers and raising the likelihood of disputes escalating into litigation.
For businesses, the real challenge is not simply dealing with AI-assisted tribunal claims. It is recognising and managing AI-assisted grievances at the earliest possible stage. Employers that can identify the core issues quickly, conduct proportionate investigations and resolve concerns effectively will be best placed to reduce cost, minimise disruption and avoid disputes progressing to formal litigation.
