Should AI-written grievances be banned?

A worker in Australia has been banned from using AI to draft complaints against her employer. Although her complaints were upheld by the Fair Work Commission, the details had been buried within documents that were “lengthy, wide-ranging, replete with generalisations, repetitive, and often couched in accusatory language”. This resulted in her employer disengaging with the process instead of tackling the legitimate claim.

How should employers tackle AI-written grievances?

AI-generated claims can take more time and resources to deal with. But as seen in the above case, you shouldn’t ignore a grievance or complaint. Even if it’s repetitive, difficult to follow, or contains generic legal references.

If you receive a complaint you suspect has been written by AI, you can ask for clarification. You don’t have to ban the use of AI, especially where an employee would otherwise struggle to articulate their case or structure a complaint. But, you can ask your employee to give you the facts, identify key issues and prioritise their concerns. And you can ask them to make sure the tone is professional, constructive, and focused.

Surge in AI-written cases

Tribunal judges have reported a hundredfold increase in applications for interim relief, an emergency measure that is largely only used in protected disclosure cases. This increase in interim relief cases is believed to be due to the use of AI. Because of their urgent nature and amount of documentation, these cases are causing delays and postponements to other cases.

Could UK tribunals ban AI-written complaints?

Interim relief cases aren’t the only reason behind the tribunals backlog. Tribunal claims have risen by 39% in the past year, with the backlog of unresolved individual claims rising by 55%. Some cases have been delayed until 2030, with pressure on the tribunals system growing due to reforms under the Employment Rights Act 2025 and the ease of bringing a tribunal.

It’s in everyone’s interest to reduce the tribunal backlog. Employees don’t want to wait years for their day in court. And if claimants are out of work for longer while they are waiting for a tribunal, employer payouts for loss of earnings may increase.

The Australian case was a one-off. But it’s not hard to imagine UK judges restricting the use of AI to save time and resources. Acas has already proposed to make disciplinary and grievance procedures with early and informal resolution, again reinforcing the need for conversation over formality.

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