The UK’s employment tribunal judges have issued unusual guidance aimed at curbing a sharp rise in interim relief applications — a development they have linked, at least in part, to the growing use of artificial intelligence in claim preparation.

Interim relief is one of the most powerful remedies available in employment law. If granted, it can require an employer to continue paying a dismissed employee until a full hearing takes place. Historically, such applications were rare. Judges now report a dramatic increase in their use, creating additional pressure on a tribunal system already struggling with significant backlogs.

When Technology Removes the Barrier to Litigation

AI has made it easier than ever to produce legal documents. That can be beneficial when it improves access to information and helps individuals understand their rights.

The concern arises when technology allows large volumes of complex legal submissions to be generated with minimal effort or scrutiny. Employment lawyers and judges are increasingly encountering lengthy pleadings that appear sophisticated on the surface but often misunderstand the law, misapply legal authorities or overstate the strength of a claim.

The result is not necessarily better access to justice. It is often simply more litigation.

Why Judges Are Intervening

The tribunal presidents have felt compelled to remind parties that interim relief was never intended to become a routine litigation tactic.

To succeed, applicants must demonstrate a strong likelihood of winning their underlying claim. That threshold is deliberately high because of the significant consequences for employers and the urgency with which tribunals must deal with such applications.

Every interim relief claim requires immediate judicial attention. Even unsuccessful applications consume time and resources that could otherwise be devoted to resolving substantive disputes.

The new guidance is therefore less about restricting legitimate claims than protecting a system that is already under strain.

A Growing Problem for Employers

For employers, the rise in interim relief applications creates immediate costs regardless of outcome.

Claims must be investigated quickly, legal advice obtained, witness evidence gathered and hearings attended at short notice. Even where applications are ultimately rejected, the process can be disruptive and expensive.

The concern is that AI has reduced the practical barriers that once discouraged weak or speculative applications. Producing a lengthy claim no longer requires significant legal expertise or investment, yet employers remain obliged to respond.

The Wider Lesson

The episode highlights a challenge that courts across multiple jurisdictions are beginning to confront.

Artificial intelligence can reduce the cost of generating legal arguments, but it cannot determine whether those arguments have merit. As a result, the volume of claims may increase faster than the system’s ability to assess them.

The tribunal presidents’ intervention is an early sign that the judiciary recognises this risk. Their message is straightforward: powerful remedies should remain exceptional, and the ease with which claims can now be drafted does not alter the legal standards required to succeed.

As AI becomes more deeply embedded in legal services, courts will increasingly face the task of distinguishing between genuine access to justice and simply easier access to litigation.