Writing in NLJ this week, Andrew Diver of Fox & Partners examines the growing number of AI-generated employment disputes after a tribunal uncovered fabricated authorities produced by ChatGPT. He warns that AI-generated grievances often contain invented case law, confusing legal jargon and factual inaccuracies, yet employers must still investigate them fairly under the ACAS Code.
Diver argues that everyone remains responsible for checking accuracy, regardless of whether AI was used, and cautions against relying on AI detection software.
With tribunals increasingly confronting AI ‘hallucinations’, he calls for authoritative guidance on verification, evidential weight and sanctions. His conclusion is stark: ‘The AI-generated grievance is here to stay’ and practitioners must be ready.
