Tips for dealing with AI grievances
HR Dept
When a coastline is threatened by huge waves, the answer to prevent yourself being inundated is to put up defences – you cannot stop the waves from coming, but you can dissipate their energy.
It is a tactic that can be applied to dealing with AI grievances too. Because across the country there are reports of a tidal wave of AI-drafted grievances inundating businesses.
You have to manage them whether they are erroneous or not – because sticking your head in the sand and letting them wash over you could well lead to a penalty at a tribunal for procedural errors regardless of the justification for the grievance.
How to spot AI grievances?
AI grievances carry some hallmarks that don’t do anyone any favours. They tend to be overly long, sometimes stretching to dozens of pages. They may be repetitive, hallucinate narratives and draw on out-of-date or out-of-jurisdiction law that makes the grievance irrelevant.
AIs are known for telling users what they want to hear, so can egg people on, so to speak. The employee themselves may not understand what is being put forward in their name – even before you have to pick through it!
Following the Acas code of practice, but…
To be compliant, there is no getting around the Acas code of practice which includes principles of consistency, fairness, establishing facts, a right of appeal and more. You will also be bound by your own policies which you can shape to an extent.
However, there is enough leeway within the Acas code to put those defences in against the AI deluge.
Some top tips include…
Having an AI policy
This goes beyond drafting grievances and instead covers all AI use within the business. It is dangerous to ban employees outright from using AI to draft grievances as they may lean on it to overcome a condition which could be construed as a disability.
You should warn employees of the data protection angle (like putting colleagues’ names or mentioning company intellectual property) if the AI is not ringfenced.
It is reasonable to ask an employee to disclose if they have used AI to draft a grievance.
Create a grievance intake form
Wrest back control of the process by requiring grievances to first be raised via a form which has: specific questions that require answering; fields with word counts to limit answers; and a steer on things like dates and witnesses, forcing them to think carefully about what they are claiming and discouraging the grievance from being padded out.
Add the human touch early
One temptation might be to fight AI with AI but this could lead to a spiralling effect. It would be much better to introduce a face-to-face meeting at the start. Ask the employee to articulate the grievance in their own words to check they understand their written claim and give you clarity on their priorities. Use this to distil the grievance into a list of agreed points which you will investigate. It is essential to take written notes during such a meeting, as it is at any other stage of dealing with a grievance.
Encourage a culture of informal resolution
To save everyone time and stress, wherever possible you should encourage a culture of informal resolution. Part of this will be your overall culture, but you can also train managers in their soft skills, equipping them to de-escalate situations and nurture trust within their teams.
We can support you
Whether you are laying the groundwork for dealing with grievances, or you have a live case (or cases) with which you need support, we can help. We have local experts across the country who can support you with policies, procedures, training and investigations. We are just a phone call or email away.
