This article was originally published in edition 49 of the Business First Magazine by LawNet.
“What was once the domain of specialist advisers is now accessible to anyone with an AI tool.”
AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.
Over the past year, employees have increasingly turned to AI tools to help interpret legal rights, navigate disputes and bring ET claims. What was once the domain of specialist advisers is now open to anyone who can use AI tools to generate arguments, summarise evidence, and understand the procedural maze – quickly and at no cost.
This shift is already reshaping the dynamic between employers and employees. Recent statistics from HMCTS show ET claims have increased markedly. For example, the number received in the last two quarters exceeds that of the previous year, representing a 33% year-on-year increase in outstanding cases. While there may be many factors behind this rise, it has coincided with widespread AI adoption.
The difficulty is that AI struggles and often misunderstands key concepts of employment law in England and Wales, frequently misinterpreting case law or even inventing it. Despite this, defending a claim in the ET is expensive and employers should take steps to tighten internal practices.
What can employers do?
- Tackle the grievance process early on. Encourage informal resolution and use face to face meetings where possible. Focus on key concerns and avoid taking the written grievance line by line.
- Update HR policies to address AI use including acceptable use, and, crucially, confidentiality and data protection.
- Ensure HR teams and managers receive training to intervene early and handle issues consistently.
The use of AI will only increase. With the Employment Rights Act 2025 lowering the qualifying service for unfair dismissal claims (effective 1 January 2027), employers should act now to reduce risk and prepare for a new wave of AI-enabled employees.
You can explore the full magazine here.
About the author
Grayson Stuckey joined RIAA Barker Gillette as a paralegal in October 2022.
As a trainee solicitor, Grayson rotates seats every six months, allowing him to gain comprehensive experience across various legal disciplines. At present, Grayson is part of the firm’s employment team and works closely with partner and department head Karen Cole. Grayson Stuckey earned his Diploma in Law from the University of Law (Guildford) in 2022, followed by his Legal Practice Course (LPC) at the University of Law (Moorgate) in 2023. Eager to broaden his legal expertise, Grayson looks forward to gaining diverse and valuable experience throughout his training contract.