We’re seeing it more and more, employees turning to AI to build their cases. From grievance appeals packed with legal jargon to meticulously structured tribunal statements, AI is now quietly shaping how some employees fight their corner.
At first glance, it looks impressive. But let’s be honest, the shine wears off quickly when the facts don’t add up.
The Rise of the AI-Literate Employee
Employees are using tools like ChatGPT to help them “lawyer up” without the lawyer. Suddenly, you’re faced with a 50-page appeal filled with case law citations and complex arguments that feel way beyond the employee’s usual tone.
The problem? These AI tools often get it wrong. They create made-up legislation, misquote real cases, and throw in language that doesn’t align with the facts. What seems smart can quickly unravel under scrutiny, and tribunals are starting to catch on.
Here’s the Thing: AI Leaves Footprints
Even if a document looks polished, it’s rarely invisible. Metadata, language patterns, and even system audit trails can reveal if AI’s had a hand in the drafting. And if the employee has denied using it, that credibility starts to crumble fast.
It’s one thing to use AI to tidy up an argument. It’s another to use it to manipulate one. That’s when HR has to step in.
What HR Should Be Doing Now
Let’s keep it simple:
- Spot the shifts. If an employee’s writing style suddenly changes, dig a little deeper and don’t be afraid to challenge.
- Stay neutral, not naïve. Using AI isn’t misconduct, but misusing it could become one.
- Check authenticity. Use your systems’ document histories to see when and how files were edited.
AI in Litigation: A Double-Edged Sword
AI can help employees articulate themselves better, and that’s no bad thing. But when it’s used to distort, inflate or mislead, it turns a legitimate grievance into a credibility risk.
And let’s be clear, tribunals value evidence rooted in truth, not technology.
Straight Talking Summary
AI might help employees sound sharper, but it can also expose them faster. The traceability of these tools means what’s hidden isn’t hidden for long.
For HR teams, the message is simple: stay alert, document carefully, and don’t be dazzled by digital polish. Policies, processes, and good judgement still win the day. Don’t be challenged through fear!
Because while AI might be clever, UK employment law is smarter, and it’s catching up fast.
