AI-generated grievances risk turning relatively straightforward workplace complaints into lengthy, legalistic disputes. People Management reports that the growing use of AI by employees and employers risks making workplace disagreements more adversarial, with disputes which might once have been resolved informally becoming unnecessarily complicated. So what can employers do to prevent grievances escalating, and how should they respond when AI is involved? We’ll ask employment lawyer Laura Kennedy that question.
People Management highlights the risk of employees using AI to research their rights and draft complaints, potentially introducing allegations of discrimination, harassment or constructive dismissal into relatively straightforward workplace disagreements. The legal arguments may sound convincing, but whether they have any merit depends on the facts. The danger is that employers become drawn into responding to those arguments rather than addressing the underlying problem.
There is also the risk of an escalating exchange of AI-generated correspondence. For example, where an employer responds formally to an AI-drafted grievance, and the employee uses AI to challenge that response. What might have been resolved through an early conversation becomes an increasingly adversarial dispute.
Meanwhile, Acas is reviewing its Code of Practice on disciplinary and grievance procedures following a consultation which closed in September. The proposed changes place greater emphasis on early informal resolution, encouraging employers and employees to address concerns before they escalate. Acas has also specifically asked whether the growing use of AI in grievance procedures requires additional guidance.
The commercial case for early resolution is compelling. Acas estimates that formal disciplinary and grievance procedures cost UK employers £2.36 billion annually, compared with around £250 million spent on informal resolution. While these are estimates of different types of procedures, they underline the significant costs associated with formal workplace disputes.
That puts the emphasis on early intervention and creating an environment where employees feel confident raising concerns directly, before problems escalate. So let’s get a view on this. Laura Kennedy is one of the lawyers in our Glasgow office and earlier she joined me by phone to discuss it. So are there steps employers can take to help prevent AI grievances arising in the first place?
Laura Kennedy: “Yes, I do think that there are steps employers can take to try and avoid reaching the place where employees are taking to AI to help articulate their grievances and I think a lot of it is on informal resolution, encouraging an openness, making it safe for employees to feel that they're able to do so, that they don't need AI to help them talk to you, that they're able to speak to their managers, or their manager’s manager, or HR, and I think that policies can support that by emphasising that these are the routes to take. The other thing is, and again, as with a lot of these employee issues, it comes back to line managers as well in spotting these issues early and trying to resolve them before they do escalate.”
Joe Glavina: “If an AI-drafted grievance does land on HR’s desk, what’s the first step in dealing with it?”
Laura Kennedy: “Well, inevitably, they're going to read it. It's going to be lengthy but I think they have to do their best to try and wade through what could be AI padding, so to speak, and to really see what is this about? Is it a performance issue? Is it a complaint about bullying? Just try and get to what they think are the issues and not be intimidated by it. There could be lots of references to legal issues and legal complaints and, again, it's about noting what we discussed earlier which is about the fact that these might not actually be accurate and remembering that this is about an employee raising concerns. So it's about focusing on those and then getting a meeting in with the employee to discuss that and agree that set of issues to take forward.”
Joe Glavina: “If the grievance has been drafted by AI and we’re saying it’s long and complicated then why not simply cut and paste it back into AI and ask AI to unravel it?”
Laura Kennedy: “Well, I think if the employer then resorts to AI, we're just going to have a battle of the AI responses. We're just going to get responses back and forth and we're never really going to get to what is the crux of the issue. The grievance process is about communication – that is the absolute crux of it – and so I think the best thing is to try and move away from written responses where possible and have those face-to-face discussions, or discussions over the phone, depending on how you're doing the grievance, and getting the employee to use their own words where possible, but equally, then the same applies to the employer - use your own words. That just shows that actually it's been given thought, consideration, and is potentially more genuine to the employee listening to that.”
Joe Glavina: “What’s your message to HR professionals watching this, Laura? What’s your advice to them?”
Laura Kennedy: “I think it is helpful to recognize where AI may have been used because I think it does influence the mindset, and to some extent, influence how you approach it. I think it's also important not to get caught up with the fact that the employee has used AI, and I have heard that, you know, they have used AI. Well, actually, it's a tool that we're all, or many of us, are using in the workplace, we are using it to help us, and so I wouldn't say get too caught up in that fact. It’s there to be used, just like the internet, but we just need to then navigate it, and then we need to bring it back to what we're trying to ascertain which are the key issues and just distil them down. But the fundamentals remain the same as set out in the Acas Code. It's about following a fair procedure, gathering the evidence, considering all the information, and then reaching a resolution and just remembering that the basic principles still apply.”
So, the key message for employers is to tackle workplace concerns early, before they escalate into formal grievances, and to avoid becoming drawn into lengthy exchanges of AI-generated correspondence. The focus should remain on resolving the underlying issues through direct communication and a fair process.
Laura Kennedy has been advising clients on how to manage AI-generated grievances and prevent workplace disputes from escalating. If you would like help in this area, please do contact Laura – her details are on the screen for you.
LINKS
- Link to People Management article: ‘The legal considerations of managing AI generated grievances’
