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Keeping redundancy fair amid AI-generated challenges: consultation, selection, appeals and data risks in the UK and Ireland

Published on: 20 January 2026

Published by a LexisNexis Employment expert
Legal News
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Article summary

As noted in our recent pieces, employees are increasingly deploying AI during grievance processes and in litigation. This presents tangible difficulties for employers, who find themselves disentangling lengthy, repetitive and quasi-legal complaints. Predictably, redundancy exercises are also affected by this shift. Here, we outline the key principles employers should keep in view in both the UK and Ireland...

How is AI influencing consultation processes?

AI-related challenges are emerging in the following areas:

  • Selection pools and criteria — Employees are leveraging AI’s analytical capability to interrogate selection pools and criteria, producing extensive challenges. These may claim to reveal bias or other unfair patterns. Employers must then assess and address these reports (many of which contain inaccuracies), demanding considerable time and resources.
  • Detailed requests and questions — AI is an excellent brainstorming aid. However, when used by employees during consultation, the resulting questions can be vast in number and intricate in scope, risking an overwhelming burden on the process.

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