The balance of risk in the employment relationship is shifting.
Over the last year, employers have faced a combination of stronger employee protections, increased enforcement and a growing awareness of rights among employees. Alongside this, a quieter but equally significant change is taking place. Employees are increasingly using AI tools to help them draft grievances, appeals and Employment Tribunal claims.
Individually, these developments are manageable. Taken together, they materially increase risk for employers who rely on informal processes, outdated documentation or inconsistent decision making.
This is something more employers are now seeing in real time.
Stronger rights mean greater scrutiny
Recent changes introduced under the Employment Rights Act 2025 significantly strengthen employee protections. These include expanded day one rights, greater financial exposure in redundancy situations, wider protection around sexual harassment disclosures, longer time limits for bringing many tribunal claims, and more proactive enforcement through the Fair Work Agency.
The practical impact of these changes is not just legal. It is cultural too.
Employers are increasingly expected to be able to demonstrate fairness, consistency and evidence at every stage of the employment relationship. Where processes fall short, the consequences are now more significant.
Employees are more informed than ever
At the same time, employees now have much easier access to information about their rights.
Employment law guidance that was once harder to find is now widely available online. More significantly, generative AI tools are increasingly being used to help employees draft detailed grievances and appeals, identify possible legal claims, structure tribunal submissions and refer to legislation or case law. Recent HR and legal commentary suggests this is becoming routine enough to create added pressure for employers and people teams.
What might once have been a short email can now arrive as a multi page, legally framed document produced in minutes.
The reality of AI assisted grievances and claims
AI assisted submissions often share some common features.
They are often longer and more formal. They may use legal language and statutory references. They can combine genuine concerns with speculative, inaccurate or irrelevant claims. They may also present issues with a level of confidence that does not always reflect the legal reality. Recent reporting from HR and employment lawyers highlights exactly those patterns.
Importantly, the fact that a grievance or appeal has been generated with the help of AI does not reduce an employer’s obligations. These submissions still need to be treated seriously and handled fairly.
Ignoring or dismissing them outright creates risk, even where the content is flawed. That point is also reflected in current legal commentary on AI use in workplace grievances.
Why this increases risk for employers
The combination of stronger rights and AI assisted complaints creates a number of challenges for employers.
First, process matters more than ever. Tribunals and regulators are increasingly focused on how decisions are made, not just what decisions are reached. Poor documentation, inconsistent handling or rushed processes are more easily exposed in a more formal and scrutinised environment.
Second, informal approaches are more likely to unravel. What might once have been resolved through a quiet conversation can now escalate much more quickly once a formal grievance or appeal is submitted.
Third, managers are under greater pressure. Line managers are often the first to receive these AI generated submissions and, without support, they may say or write something that makes the situation worse.
Finally, time and cost exposure increases. Even weak claims can take time to unpick and respond to. Recent reporting suggests AI has lowered the barrier to raising formal challenges, meaning employers are seeing more lengthy and complex submissions that still require proper handling.
Why this increases risk for employers
It is important to be clear that the use of AI by employees is not inherently problematic.
For some people, AI tools may help them articulate concerns they would otherwise struggle to express. In some cases, that may improve clarity.
The issue for employers is not that employees are using AI. The issue is whether internal processes are robust enough to stand up to greater scrutiny, more formal challenges and a more confident workforce.
What employers should be doing now
In this environment, employers benefit from:
- Clear, up to date policies
- Consistent handling of grievances, disciplinaries and appeals
- Proper documentation at every stage
- Manager confidence and training
- Early HR involvement in higher risk situations
This is less about being defensive, and more about being prepared.
Support with the process
Many employers are now finding that people processes which once felt good enough no longer provide enough protection.
The areas that matter most are usually the basics done well. Stronger documentation. Clearer processes. Fair handling of grievances, investigations and appeals. Support for managers when formal challenges are raised. A calm and practical response when issues start to escalate.
The focus should be on real world risk, not theoretical exposure.
A more informed workforce requires better prepared employers
The employment landscape has changed.
Employees are more informed, more confident in raising concerns and more equipped to challenge decisions, often with the help of AI. At the same time, the legal and financial consequences of getting things wrong have increased.
Employers who recognise that shift and invest in strong, fair processes are far better placed to manage risk and maintain trust.
Those who do not may find that issues escalate faster, further and at greater cost than before.
If you are concerned about how well your current approach would stand up to scrutiny, Shrewd HR can help. We support employers with practical, fair and proportionate HR advice that reduces risk and helps issues stay manageable. Get in touch to speak to the team.
