A New Headache For Employers: When Complaints And Grievances Meet Generative AI

Artificial intelligence is now firmly embedded in the modern workplace. Employees are using AI to draft emails, prepare reports, analyse data and do their jobs more efficiently. Employers are also embracing AI-driven tools to support HR processes, manage employee benefits and improve workplace accessibility.

While AI offers significant opportunities, it also presents new challenges for employers navigating employee relations issues. Recent research suggests that many organisations are already seeing an increase in grievances that appear to have been drafted using AI.

AI-generated grievances: a growing workplace reality

A recent survey of more than 900 HR and business professionals found that 70% of employers had seen an increase in grievances they suspected were AI-assisted, while only 12% felt confident that their managers could handle those grievances appropriately.

Anyone involved in employee relations will recognise the trend. A grievance that might previously have been a two-page summary of concerns can now arrive as a detailed document citing legislation, case law and lengthy allegations. The sophistication of the document can sometimes make the grievance appear more serious or complex than the underlying workplace issue.

However, employers should be careful not to become distracted by the style or length of the document. The focus should remain on identifying the actual concerns being raised by the employee and investigating those concerns fairly and objectively. A grievance investigation remains a fact-finding exercise, regardless of whether the grievance was drafted by the employee, a trade union representative or an AI tool.

Importantly, employers should avoid making assumptions that AI-generated content is exaggerated, inaccurate or submitted in bad faith. The legal obligations remain unchanged. The Acas Code expects employers to investigate grievances reasonably, keep an open mind, gather relevant evidence and provide a fair opportunity for employees to explain their concerns.

AI and workplace investigations

In some respects, AI may make grievance investigations more complex, by obscuring the key issues and creating practical difficulties for managers who are unfamiliar with employment law terminology.

Investigators may also face a greater volume of supporting material, references to legal principles and wider allegations than they would have historically encountered.

This makes the quality of the investigation process increasingly important. Guidance on grievance investigations emphasises the importance of:

• defining the scope of the investigation;
• identifying the issues that genuinely require investigation;
• gathering relevant evidence proportionately;
• appointing an impartial investigator; and
• maintaining confidentiality throughout the process.

The arrival of AI-generated grievances may therefore highlight a broader organisational issue: whether managers have received sufficient training to investigate and resolve workplace concerns effectively.

In many cases, the employer's objective should be to distil a lengthy grievance down to the key factual issues that require investigation rather than becoming sidetracked by extensive legal commentary or copied text.

The challenges for employers

As AI becomes more prevalent in the workplace, employers are likely to encounter a number of recurring difficulties.

First, managers may struggle to assess complaints that appear highly legalistic or unusually sophisticated. This can create a risk that genuine concerns are overlooked or, conversely, that managers become overly defensive.

Secondly, AI can increase the volume of information generated during workplace disputes. Investigators may need to review longer grievances, larger quantities of correspondence and extensive supporting material.

Thirdly, organisations must carefully consider data protection and confidentiality. Grievance investigations often involve sensitive personal data, and employees should be discouraged from uploading confidential workplace information into public AI tools without authorisation.

Finally, employers need to ensure that AI complements human decision-making rather than replacing it. When it comes to grievances, disciplinary matters, discrimination concerns and reasonable adjustments, legal liability remains with the employer.

Action points for employers

As workplace AI use continues to increase, employers may wish to consider the following:

1. Review your policies

Ensure AI use is addressed within relevant workplace policies, including data protection, confidentiality and acceptable use policies.

2. Train managers

Managers should understand how AI is being used by employees and how to respond appropriately to AI-assisted grievances.

3. Focus on the issue, not the document

Whether a grievance runs to two pages or twenty, identify the core concerns and investigate those issues proportionately.

4. Maintain procedural fairness

Follow the Acas Code and your internal procedures. AI has not changed the legal requirements for a fair grievance process.

5. Keep humans in the decision-making process

AI can support HR and management decisions, but it should not replace human judgement, particularly where employee relations issues are concerned.

Looking ahead

AI is unlikely to disappear from workplace relations. For employers, the challenge is not to resist AI but to adapt to it. Organisations that invest in manager training, maintain robust grievance procedures and use AI responsibly will be best placed to capture the benefits while avoiding the pitfalls.

Ultimately, whether a grievance is written by an employee, a solicitor, a trade union representative or an AI platform, the underlying principle remains the same: employers should focus on understanding the concern, investigating it fairly and working towards an appropriate resolution.

How we can help

Our Employment Law team has first-hand experience of reviewing AI-generated complaints and grievances, helping employers cut through the noise to identify the key facts, risks and appropriate next steps. If you are dealing with a complex workplace issue and need support unpicking an AI-generated submission, we can provide practical, commercially focused advice to help you respond effectively and confidently.

Contact Joshua Thomas on 03333 208644 or email hello@jcpsolicitors.co.uk