AI - GENERATED COMPLAINTS

AI generated grievance letters and claim forms are becoming increasingly common. Often lengthy, and (usually) only partly on the right lines, they ultimately need to be responded to in the same way as 'human generated' complaints. We are now also seeing an increase in employer clients using AI platforms to provide an initial answer on employee related issues, before then checking this advice with us. Here's what were seeing:

• The advice is often 'in the right ball park' in terms of the proposed solution (outlining in basic terms, what a 'fair' process might look like) However…

• The responses are typically not sufficiently nuanced to the particular scenario, when taking into account the individual's characteristics, circumstances, the size and resources of the employer (and all of the other circumstances of the case)

This Means

• If followed the letter, the AI advice would expose the business to unnecessary risk of ET claims

In addition, where employers are feeding specific scenarios (and possibly employee names) into open AI platforms, this raises several data protection issues.

There is no question that AI is an extremely useful and powerful tool, but it needs to be used with caution. We are now helping clients to 1) agree sensible parameters for the use of AI and 2) capture these parameters in tailored AI policies. If you want to discuss further, please let us know!