The rise of AI-generated grievances

The Employment law landscape is undergoing significant change at the moment.

We all know about the radical shake up heralded by the changes contained in the Employment Rights Act (many of whose provisions are still to come into force in October 2026 or January 2027), but there’s another thing disrupting the workplace at the moment: AI-generated grievances and we’re seeing an awful lot of them.

What started with AI-assisted CVs and job applications has rapidly expanded into employees using generative AI tools such as ChatGPT to draft grievances, appeals and complaints.

A recent Financial Times article highlighted a grievance reportedly running to 1,000 pages, complete with a user guide to help the reader navigate it!

In our experience, AI-generated grievances are relatively easy to spot.

While the technology continues to improve, there are still tell-tale signs. Common features include excessive length, repetitive wording, highly formal language that differs significantly from the employee’s usual communication style and the frequent use of legal phrases such as “hostile work environment”, “victimisation” and “breach of trust and confidence”.

Many also contain sweeping allegations and extensive legal analysis that appears inconsistent with the individual’s role or previous written correspondence.

AI-generated grievances and the real risk for employers

Employers should be careful not to dismiss a grievance simply because AI has been used. A genuine complaint remains a genuine complaint, regardless of how it has been drafted. The focus should always remain on the substance of the concerns raised.

However, AI-generated grievances can create practical challenges.

The ease with which employees can produce lengthy and complex documents means employers may find themselves dealing with complaints that contain dozens of pages of repetitive allegations, copied legal terminology and extensive commentary. This can make it difficult to identify the real issues that require investigation.

In response to the rapid adoption of AI, many organisations are now introducing dedicated AI policies to help manage and prescribe its use for work related activities. These policies are not designed to prohibit AI altogether, but to regulate it and provide clear guidance on how to use reasonably, proportionately and responsibly.

Common provisions include requiring employees to use approved AI platforms; verify the accuracy of AI-generated content; maintain appropriate human oversight and comply with confidentiality and data protection obligations.

Employment law and data protection specialists increasingly recommend that employers review existing policies and provide training to managers and staff on the appropriate use of AI in the workplace.

AI-generated grievances and safeguarding confidential documents

The bigger concern is often not the grievance itself, but the information an employee uploads into an AI platform in order to create it.

To draft a grievance, employees may upload emails, performance reviews, disciplinary documents, investigation reports or other workplace records. Those documents frequently contain confidential or commercially sensitive business information, and/or personal data relating to colleagues, contacts or clients.

If that material is entered into an unapproved public AI platform, the employee may inadvertently disclose information outside the organisation’s secure systems. This can create significant legal and regulatory risks.

Employees need to be reminded that the duty of confidentiality owed to their employer and others does not disappear when using AI.

In addition, grievance documents often contain personal data and in some cases, special category data such as health information or allegations of discrimination.

Uploading that material to an external AI system may create data protection risks and depending on the circumstances, potentially amount to a personal data breach.

This could give rise to reputational damage as well as significant financial liability, whether in the form of fines levied by the Information Commissioners Office or vicarious liability for claims taken by persons whose data has been breached.

Dealing with employee’s use of AI-generated platforms

AI policies can expressly prohibit employees from entering confidential or client information into unapproved AI tools and make clear that doing so could amount to misconduct or, in serious cases, gross misconduct.

As AI becomes increasingly embedded in working life, employers will need to strike the right balance.

AI can help employees articulate concerns that they may otherwise struggle to express, but clear policies, effective training and robust controls around confidential information will be essential if organisations are to benefit from the technology without exposing themselves to unnecessary risk.

The question is no longer whether employees are using AI – it is whether employers have appropriate safeguards in place when they do. Do you?

How can Morr & Co help?

If you have any questions or would like any further information on the contents of this article or assistance in reviewing your existing policies and procedures, please do not hesitate to contact our Employment team on 0333 038 9100 or email employmentEmail@morrlaw.com.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.