AI-drafted Grievances: What Can Employers Do?

As an employer, you may have begun to experience that most frustrating of employee grievances… the AI-drafted grievance.

These grievances are long. They are incoherent. They are legalistic enough to make you wonder if there is a lawyer behind the scenes but not legalistic enough to be professional or clear.

What can you do when you start to be presented with such grievances?

1. Create a template for employees to submit grievances through. I do not suggest a strict word limit as one size does not fit all when it comes to grievances. However, you could include features such as a summary box and a preferred outcome box for the employee to complete. (If you use this approach, you do need to be aware that a complaint received in writing which does not neatly fit your template is still a grievance which ought to be dealt with. The hope is that the occurrence of these is reduced.)
2. Amend your grievance procedure to include limitations on the way AI is used. For example, you could specify that it should be used that entering confidential information, or other people’s personal data, into AI is potential misconduct. A blanket ban on AI, however, is not only unrealistic but could also be indirectly discriminatory to those who are disabled and use it for assistance, or to those who do not have strong written English.
3. Expand the purpose of your initial meeting. Traditionally in a grievance procedure this was used to ascertain the outcome which the employee wanted. Now, it is increasingly used to identify what the actual problem is as well. I cannot overstate how important this stage is. Do not embark on a general investigation in which there are no set parameters – this only tends to spiral matters out of control.
4. Expand your appeal process. If you receive an AI-generated appeal, you could have an initial scoping meeting regarding this (such as that in point 3 above) to get to the heart of the problem before then dealing with the appeal in the usual way.
5. Refresh your manager training. Managers tend to have enough understanding of employment law that they are not scared into over-reacting upon receipt of a grievance which appears to set out legal claims. AI cannot yet replace legal advice in terms of advising an individual on exactly what claims they do and do not have. Often it generates entirely irrelevant points which employees do not even understand. Managers should be able to assess for themselves whether there is a legal risk or not.

In a world where you may yourself be using AI in your grievance process (for example in note-taking), I would like to take a moment to emphasise the importance of the last point above. Your decisions need to be made by humans. You need managers who are capable of judgment calls on a case-by-case basis. In an Employment Tribunal, it is their decision which will be scrutinised. They will need to be able to justify them as reasonable. Blindly following AI will not cut it.

Here at Barker Gotelee, we can not only amend your grievance procedures for your, but we also run manager development training. This training consists of a 2-hour session, delivered online or at your premises, for a maximum group size of 15 managers, as well as learning materials afterwards. If you would like to discuss further, please call our employment solicitor on 01473 611211, or complete our enquiry form below.

Grace Smyth is an Solicitor in the Employment Team at Barker Gotelee Solicitors. 

If you require advice about employee grievances, or information about our manager development training, Grace and our Employment Team can help.

To speak to a member of the team, please call 01473 611211, or complete our enquiry form below.