The use of AI tools has become a daily feature of most HR practitioners lives, changing the landscape of employee relations and in particular how workplace disputes are managed. In this article, I examine how this has impacted the handling of grievances, the potential pitfalls and practical tips.

HR professionals are increasingly seeing grievances drafted either wholly or in part with the assistance of some form of generative AI.   Whilst this may, initially at least, assist the individual complainant, saving them time and creating content which appears articulate and well structured, it creates a number of issues for HR professionals handling these grievances. Ultimately, the result can be a slowing down of the process as well as an entrenchment of positions, which helps neither the company nor the individual.

AI assisted grievances are usually (for the moment anyway) easy to spot, they tend to be legalistic in tone, employing generic language and often US concepts and language.

Common issues

Common issues for HR in dealing with these grievances are that they tend to be very lengthy and endlessly repetitive. Whilst superficially convincing, they may contain little of actual substance.  Most importantly, in terms of the ability to deal with them, they often lack specificity, making it hard to identify the issues the individual is complaining about; essential for assessing and investigating any grievance.

They are also often littered with legal arguments, case and statute references (which may or may not be genuine ), which can cloud the issues, increase the temperature and prove misleading.

So how can HR professionals confronted with these grievances deal with them?

Back to Basics - It needs to be remembered that regardless of how the written grievance is produced, general principles, including the ACAS Code of Practice in this area, still apply. The ACAS Code and indeed most internal procedures require a meeting to be held with the individual at an early stage.

Engage directly with the employee- A face to face meeting, held as soon as possible after the grievance is received,  is likely to be the best way to identify the key issues the employee is complaining about, as well as what they are looking for in terms a resolution.   

Preparation - Given that the volume of content is likely to be a challenge, preparation for the meeting is key.   Focus on the facts and try to identify what appear to be the key concerns in advance. It may be helpful to get legal input at this stage of the process. At the meeting, the employee should be asked to explain in their own words what the main complaints are and how the issues fit together.   If this differs from their written grievance, take them through their written grievance to understand the points they are trying to make. 

Summarise the Issues-We would suggest that once the core issues are identified, they are summarised and ideally agreed with the employee. This summary can then be used as a reference, either as the basis of further investigation or to determine the outcome.

Response – Any response can then be limited to addressing the employee’s key concerns , as summarised at the meeting, rather than responding on a point-by-point basis, which is unlikely to be the best approach and can of itself legitimise irrelevant or inaccurate content. 

Confidentiality - If an employee uses a public AI platform to produce their grievance, there is a real risk that they will input confidential company data, or sensitive personal data about colleagues, which will then be in the public domain.   Employers should implement clear policies governing the use of AI and provide training on responsible usage, including what types of data are appropriate to share. 

Looking to the Future

In addition to their use in grievances, employees are also using AI tools in tribunal proceedings, to draft pleadings and witness statements. This usage is only set to increase and many of the risks identified and recommendations identified above will apply equally in that context.

A version of this article first appeared in Employer News. Eliza Nash is a Partner at Constantine Law.