How to use AI effectively for an Employment case
In this episode 268 of the podcast, I look at the recent Employment Appeal Tribunal decision in Hancox v Sutherland and Others [2026] EAT 139, in which a judge raised important concerns about the use of artificial intelligence in Employment Tribunal proceedings.
The case involved an employee who submitted a 300-page skeleton argument prepared using ChatGPT, prompting the judge to comment on the growing use of AI by individuals representing themselves.
I discuss what the judge said about the benefits and risks of AI, why lengthy AI-generated legal arguments can do more harm than good, and the importance of checking the accuracy of anything submitted to a Tribunal.
I also consider what this decision means for employees, employers and HR professionals, and why AI can be a useful tool but should not replace sound legal advice and judgment.
In this episode, we cover:
- The background to the Hancox case and the 300-page ChatGPT-generated argument.
- The judge's comments about AI and access to justice.
- The risks of inaccurate legal arguments and invented case law.
- The responsibilities of individuals using AI in Tribunal proceedings.
- Practical lessons for employers and employees dealing with AI-generated grievances and claims.
- Other Employment Tribunal cases that have referenced AI use.
- Rollo v Marstons Trading Ltd
- X v Secretary of State for Justice
You can read the full judgment here: Hancox v Sutherland and Others [2026] EAT 139.
Key takeaways:
Three minimum requirements for anyone submitting AI-assisted documents:
- The document must comply with the applicable Tribunal rules.
- The person must check its factual, evidential and legal accuracy as thoroughly as they reasonably can.
- The document must focus on relevant arguments, be understandable and avoid unnecessary repetition.
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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
