How should employers deal with AI-generated grievances?
How should employers deal with AI-generated grievances?
Employment Law
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
AI technology is becoming increasingly sophisticated, and whilst it has its advantages, many use it for wrong reasons. One example is employees using it for AI-generated grievances. Even if employers suspect AI has been used, as per Acas codes, they should be treated with diligence. Employers must extract the key, genuine issues from often long-winded, detailed text. They should be wary of employees who are reluctant to participate in face-to-face meetings—as this may be an indication the grievance has been invented by technology (often known as a ‘GIT’). There are other signs that a grievance is generated by AI. For example, there may be frequent use of US English, an overtly formal tone, and the same point repeated in different ways.
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How should employers deal with AI-generated grievances?
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Whilst AI can be advantageous for businesses, it also presents a plethora of problems, too.
Notably, there’s been a surge in AI-generated grievances, which is fast becoming a HR headache for business owners.
As AI tech becomes increasingly sophisticated (and employees become savvier), employers may find AI grievance letters difficult to detect—and even harder to address.
Peninsula’s expertise means we’re adaptable and can offer superior support for your business, even with new AI challenges.
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We’ve put together this guide to help business owners identify and combat complaints produced with AI tools.
Employee grievances are growing
Studies show that staff are using AI tech to create employee grievances. Whilst AI systems continue to develop, a ‘GIT’ (grievance invented by technology) isn’t a new phenomenon.
These submissions may be convincing, but there are signs that indicates AI tools have been used in workplace grievances. Here are examples:
Employee grievances will be formal and detailed.
Typically raised during an investigation into employees’ conduct.
Lack context relevant to the case and uses outdated legal arguments.
The employee in question will avoid in-person meetings, opting for matters to be carried out in writing.
What are the legal risks of AI grievances for employers?
When employees use AI to support them writing their grievances, what was a small incident becomes distorted and possibly more damaging for businesses.
Insignificant actions exaggerated by AI become more severe. Consequently, business owners may now be faced with claims of bullying, sexual harassment or discrimination.
Furthermore, irrespective of whether employers suspect AI has been used, they must uphold their legal obligations.
Under the Acas Code of Practice, a fair and transparent investigation must be conducted for every grievance.
Should an employer deem a grievance to be lacking substance, it still should be handled with diligence, and the grievance procedure must be fair and transparent. If an employee feels it isn’t, this could have reputational ramifications.
It's worth noting that a key driver for tribunals is complaints that aren’t managed properly.
How to spot AI language in employee grievances
An AI-generated grievance could be longwinded, but it must be treated as genuine. It can take significant time and effort to ascertain if AI’s been used.
However, here are tips on how to identify AI language:
Use of US English. For example, “behavior” instead of “behaviour”.
Whilst grammatically sound, excessive use of em dashes (—).
An overtly formal tone (especially if it’s uncharacteristic).
The same point is repeated in a different way.
What can employers do to tackle AI grievances?
Employers must adapt and respond to the prominence of AI in business. This could be done in several ways. For example:
Review your grievance policies
Ensure that your policies are refreshed and reflect how grievances are to be raised and how you’ll respond. Refer to the use of AI and how this shapes your process.
Grievances mustn’t be dismissed on the basis you believe AI formed the argument. They should be approached as if they’re genuine. Complaints crafted with AI are likely to be complex and warrant a comprehensive grievance investigation.
Scrutinise the validity
Following an investigation, employers should assess the intent of the grievance and establish if it’s based on incorrect legal precedents. Are there any AI hallucinations? (When AI systems produce information that’s fundamentally incorrect).
Final say: How should employers deal with AI grievances?
Reports illustrate a sharp increase in AI-generated grievances. It has the potential to blow things out of proportion, which is deeply problematic for businesses.
More than ever, employers must evolve or be susceptible to an influx of claims against them. It is paramount employers review and update their HR documentation; else they’ll risk resources being wasted.
Expert support from Peninsula
Leading an SME is challenging as it is, and it’s been compounded with employees leveraging AI to support their grievances.
If you’re unsure where to begin, let Peninsula relieve you of the burden and complexities stemming from AI tools being misused. We've a wealth of experience delivering proven HR services.
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