Quick Hits
- The average UK employment tribunal claim now takes nearly sixty weeks from receipt to disposal, with some hearings listed for 2029.
- Explosion of AI useage is likely a key factor.
- Even though hearings may be delayed for a year or more, employers may want to gather and preserve key documents and other evidence up front.
The AI Effect
Many commentators in the United Kingdom cite the recent widespread use of artificial intelligence (AI) as a key reason for the escalation in claims. AI can give employees confidence to pursue claims believing that they effectively have a free lawyer, with an encyclopedic knowledge of employment law at their side. In reality AI-generated complaints and claims tend to provide false hope to employees due to AI’s natural bias towards the user, and the fact it has only been fed one side’s version of events, which may omit key facts favourable to the employer. We explore this further in our article, “In an AI World, Is It Time to Impose World Limits on Employee Complaints?’.
Government initiatives are being considered to increase judicial capacity through:
- increasing sitting day allocations;
- operating virtual, remote hearings;
- recruitment of new employment judges; and
- investing in case management.
The delays often mean disappointment for an employee who may go from feeling pleased with how an AI-generated lengthy complaint probing internal grievances and appeals has put the employer on the back foot, to then discovering the subsequent employment tribunal claim has been listed for 2029, effectively pressing the pause button on the dispute for a couple of years and taking the wind out of the employee’s sails. The increased delays are creating challenges for employers too in terms of resources and costs being diverted to lengthy case management.
Delays can also be challenging when preparing a case. Employers may want to gather and preserve key documents and other evidence up front even if it may be a year or more before they need to be disclosed. This includes identifying key employees who may give evidence for the employer and obtaining their draft statements whilst facts are fresh in the memory and mindful that the key employee may have left by the time of the hearing.
Ogletree Deakins’ Artificial Intelligence and Innovation Practice Group and London office will continue to monitor developments and will provide updates on the Artificial Intelligence and Innovation and United Kingdom blogs as additional information becomes available.
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