Employment Tribunals are increasingly encountering claims drafted with the assistance of AI tools such as ChatGPT. While these tools offer an accessible route for litigants in person to initiate proceedings, I have observed that they frequently give rise to significant procedural and substantive difficulties at an early stage.
For many claimants, articulating a legally coherent case at the outset remains a challenge, particularly where representation is perceived as financially out of reach. In my experience, AI-generated pleadings can appear comprehensive, but often lack the legal structure and factual precision required to properly advance a claim.
I regularly encounter issues such as discrimination claims advanced across multiple protected characteristics without a clear factual basis, unfair dismissal claims brought by individuals who remain in employment, and allegations founded on protected characteristics not possessed by the claimant. These difficulties are not merely technical; they can obscure the real issues in dispute, complicate case management, and increase costs and tensions between the parties.
Through my work with the Free Representation Unit, I have developed particular expertise in reviewing and refining claims initially drafted with the assistance of AI. This includes identifying legally unsustainable allegations, restructuring pleadings to reflect the true issues in dispute, making and responding to amendment applications, and formulating clear and effective lists of issues.
My approach focuses on transforming unfocused or legally flawed claims into coherent, strategically sound cases. In matters in which I have been involved, this has resulted in substantial settlements, often achieved at an early stage where a properly articulated claim enables respondents to engage meaningfully on a without prejudice basis.
As the use of AI in Employment Tribunal litigation continues to increase, so too does the burden on both parties and the Tribunal. I consider there to be a growing need for early, practical intervention to bring clarity, structure, and strategic focus to claims from the outset.
I am now accepting instructions in Employment Tribunal matters listed for hearing on or after 1 April 2026, and I am available to advise at all stages in advance of those hearings.
I offer practical, commercially aware, and financially proportionate support to both claimants and respondents, particularly in cases requiring urgent clarification or restructuring.
For instructions or to discuss how I can assist, please contact the clerks at employment&pi@st-philips.com
