While employees are availing of AI in order to improve efficiency when carrying out their duties of employment, they are also using AI to assist in dealing with issues that arise in relation to their employment – in particular, we are seeing an increase in the number of AI generated grievances that employers are receiving.

This represents a difficulty for employers: AI generated grievances tend to be substantially longer and more complicated than grievances that are prepared in a traditional manner.

This is because, in using AI, the grievance may contain legal language, which results in a tone of severity that may not be intended. Further, the inclusion of legal references and/or arguments may mean that the employee does not fully understand some of what they are submitting.

In addition, AI may include false references, which are known as hallucinations – these can result in an employer or investigator spending time looking for case law or statutory references that do not exist.

The result is that an employer who receives such a grievance must investigate and respond to detailed complaints, framed in a legal manner, which may not clearly reflect the actual issues that the employee has experienced.

Critically, employers must remember that a grievance received must be dealt with, regardless of the manner in which it was prepared, and that the employers grievance procedure must be followed.

Tips for employers who receive an AI generated grievance: 

• First, remember that an AI generated grievance is still a grievance and should be treated in the same manner procedurally as any other grievance, and in particular, dealt with in line with the employer’s grievance policy.
  
  
• Employers should consider updating relevant policies to deal with the use of AI in the workplace.
  
  
• In particular, grievance procedures could be updated to address the potential use of AI when drafting a grievance, specifying a requirement for an employee to indicate that they have used AI and also, requesting that in doing so, employees verify the information included and ensure it is relevant to the issues at hand.
  
  
• It may also be useful, from a data protection perspective, to indicate the employer’s position with regard to using company sensitive information and or the personal data of clients or colleagues when using AI.
  
  
• Employees should not be treated any differently for having used AI to assist them in the drafting of their grievance. 
  

However, if an employer receives a particularly long and complicated grievance, consideration could be given to arranging an initial meeting with the employee for the purpose of distilling down the grievance and getting a clearer understanding of the main issues arising from the employee. If doing so, the purpose of this initial meeting should be clearly communicated to the employee in advance of the meeting, and the employee should, in line with the employer’s grievance procedure, be permitted to bring a colleague or trade union representative with them to this initial meeting.

• Employers should consider seeking legal advice if they have received an AI generated grievance and are uncertain of how to deal with it.

On a separate but related topic – employers should be mindful of the operation of the EU Artificial Intelligence Act (“the Act”), which entered into force in August 2024. It applies to all member states, without the need for any national legislation. It is important to note that, as a result, Irish employers using AI in the workplace must comply with the Act.

The Act regulates AI systems according to four risk levels: unacceptable, high, limited and minimal.

The provisions of the Act are being implemented on a phased basis:

• Uses of AI classified as unacceptable risk (e.g., certain forms of social scoring and manipulative or exploitative systems) have been prohibited since February 2025.
  
• High-risk AI uses (which cover areas such as employment: where AI is used for recruitment, performance evaluation and workforce management), are subject to strict regulation, with the relevant provisions due to be implemented from August 2026. 
  

Employers using high-risk AI must ensure human oversight by trained staff, follow provider’s instructions, and continuously monitor system performance, reporting risks or incidents to the provider, or where required, the competent authority. Individuals affected by decisions involving high-risk AI will have a right to information about the system’s use and to a meaningful explanation of the system’s role in the decision making process.

If you require further information or assistance in dealing with an AI generated grievance, in updating your relevant policies, or indeed if you have any queries in relation to the EU AI Act, please contact Cian Moriarty, Blathnaid Evan, Catriona Walsh or your usual Employment team contact.