On their own the words sound innocuous, but for all too many businesses lately the sentence “I remain committed to engaging with the process, but it must be conducted in a manner that is fair, reasonable, and aligned with ACAS expectations” (or some variation of it) has become a telltale sign of an AI assisted grievance. Lengthy, often overblown, and time-consuming complaints that managers dread dealing with, meanwhile the rest of the work piles up, only adding to the frustration.
But what we are starting to see is more than just the difficulty of appropriately managing such grievances. Their rise and the use of AI by employees in other HR situations, is beginning to have a noticeable chilling effect for some managers, causing them to doubt their abilities and question their actions.
So, what key things can it be helpful for your business to know in the age of AI assisted complaints?
- AI assisted grievances and recent trends
- Combatting the chilling effect
- If an AI assisted complaint is made
1. AI assisted grievances and recent trends
AI assisted grievances have been on the rise for some time now and is a topic we have covered previously.
Whilst many of the difficulties AI assisted grievances present still remain, what we have seen lately is a shift in the focus of such grievances. Whereas many of them previously concerned matters such as disputes with colleagues, increasingly AI assisted grievances are directed upward, often towards senior managers and how they have allegedly (mis)treated the aggrieved employee. They have also started making an appearance in redundancy situations.
Grievances and senior managers
If a grievance is raised against a senior manager this can add another layer of complexity for businesses. It will be important to identify an appropriate person to handle the complaint (they should usually be more senior than the person the complaint is about and someone who is not involved in the matter) and someone ideally more senior again to handle any appeal. For businesses in some situations that can be a tall order, highlighting the need to think about the bigger picture at the outset, particularly when planning who will deal with which stage. For smaller businesses, such separation may not be possible in which case it will be important to seek advice on the individual facts of the case before acting. As AI assisted grievances are all too fond of pointing out, it is important that complaints are handled appropriately and in line with the ACAS Code of Practice on Disciplinary and Grievances.
AI and redundancy situations
Another trend we have seen lately is employees using AI to help them raise issues in redundancy consultation processes, sometimes as an attempt to ‘stall’ the process. It is helpful for businesses to bear in mind that whilst issues employees raise will need to be addressed, this will not always need to be via a grievance process. For example, if an employee raises that the redundancy selection pool should be wider (and there is no suggestion of anything untoward such as discrimination), this can often be addressed in the early stages of the redundancy consultation process as this is one of the areas that the employee should be consulted on. If you are carrying out a redundancy consultation process in your business and an employee raises an issue or a complaint, it will be important to seek advice on your specific situation so please do get in touch.
2. Combatting the chilling effect
We are hearing from some managers that the rise of AI has made HR processes feel more daunting. In particular, managers can feel less confident dealing with issues they encounter infrequently, such as redundancy consultations, or worry that any decision they make will be scrutinised through an AI generated complaint.
Whilst employees can now quickly research whether they have been treated appropriately and easily draft a complaint, this does not change the manager’s role. Managers should continue to address HR matters promptly and follow fair processes. Remember, the possibility of an AI assisted grievance should not prevent managers from making reasonable, well-documented and appropriate decisions.
When it comes to reducing the likelihood of making a misstep and empowering managers, businesses should think about:
- Upskilling: it is important that managers, particularly those who are new to people management responsibilities, have the training they need to deal effectively and appropriately with common HR issues.
- Refresher and targeted training: employment law and HR is fast paced so keeping up to date is vital, and for those times that require something a bit more specialist, targeted training can bring results, for example when handling redundancies.
- Advice and support: business focussed HR advice and support is key. If you have a HR issue in your business, get in touch with Kingfisher Professional Services Ltd for expert advice before acting.
3. If an AI assisted complaint is made
It can be helpful to remember that handled appropriately, they are manageable. The key is to stay focused on the substance of the issue(s).