Amy Cunningham quoted in LegalVIS on AI-drafted grievances and the Tribunal backlog
The Employment Tribunal system in England and Wales is under real strain, and it's starting to shape how grievances land on employers' desks. I was recently quoted in LegalVIS on a trend I've been seeing first hand: employees using AI to draft grievances that are longer, more formal and more persuasive than what we'd typically have seen a few years ago.
"Often there will be a key error in the legal position articulated, which would not be made by a solicitor."
That's usually the giveaway that someone has turned to AI rather than a solicitor. The upside is that AI is genuinely helping level the playing field for employees who can't afford legal advice. The downside for employers is that these grievances take more time and more resource to respond to properly, even when the underlying claim is thin, and employees will often be given an unrealistic view of the merits of their claim – AI tells them what they want to hear.
This all matters more from January 2027, when the qualifying period for unfair dismissal protection drops from two years to six months and the compensation cap is removed entirely. My advice to clients is the same as ever: audit your compliance with the Employment Rights Act 2025 now, make sure your policies and procedures hold up, and get your HR team and line managers trained before the changes land. Preventing a grievance is always cheaper than defending one.
You can read the full piece, including comment from an HR director on the ground, over on LegalVIS.
If you'd like to talk through how these changes affect your business, get in touch or take a look at our employment law services.
We also offer a free Employment Rights Act Health Check – just fill in this form and we will contact you to arrange a time for a free, no obligation consultation on the steps you need to take to become compliant and avoid the risk of grievances and litigation.
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