Lessons from the UK Employment Appeal Tribunal on the Responsible Use of Generative AI

The use of generative artificial intelligence (‘GenAI’) in litigation is no longer hypothetical (see our earlier article).

Courts and tribunals in the are increasingly encountering documents prepared using GenAI tools. They are having to balance the potential benefits GenAI can bring for access to legal assistance against the real practical risks of using GenAI, including inaccurate output, unfocused or excessive answers, or that it might not comply with procedural requirements.

The Employment Appeal Tribunal’s (‘EAT’) recent decision in Hancox v Sutherland and others [2026] EAT 139 provides useful commentary on the responsible use of GenAI in employment tribunal litigation. Importantly, the EAT did not suggest that litigants should avoid using AI. Instead, its judgment emphasised that responsibility for documents produced with the assistance of AI remains with the person putting them forward.

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