Conducting AI-Related Workplace Investigations - A Practical Guide for Lawyers

Introduction

Artificial intelligence is rapidly changing the workplace, but alongside its benefits it is creating new risks for employers and their advisers. Organisations are increasingly dealing with allegations involving inappropriate use of AI tools, confidential information being uploaded to generative AI platforms, reliance on inaccurate AI-generated outputs and the use of AI in sensitive processes such as recruitment, disciplinary action and grievances.

As AI becomes more embedded in workplace issues, traditional investigation methods are no longer sufficient. Investigators must understand how to identify, preserve and evaluate AI-generated evidence, obtain prompt histories and audit trails, assess the consequences of AI ‘hallucinations’ and collaborate effectively with HR, IT and compliance teams. All of this must be managed alongside key legal considerations, including privilege, confidentiality, data protection and regulatory obligations.

This new virtual classroom seminar equips employment, investigations and compliance lawyers with a structured approach to conducting legally robust AI-related workplace investigations. Through realistic case studies, delegates will explore how to manage emerging AI risks, assess evidence, avoid common pitfalls and ensure investigations remain fair, proportionate and capable of withstanding scrutiny.

Gain practical guidance on investigating AI-related workplace issues and develop the skills needed to advise organisations confidently in this fast-evolving area of employment risk.

What You Will Learn

By the end of this session you will be able to:

• Understanding AI misuse in the workplace:
• Identifying common examples of employee AI misuse and inappropriate AI use
• Understanding the distinction between acceptable AI adoption and conduct that may amount to misconduct
• Recognising when an AI-related incident requires formal investigation
• Conducting effective AI-related investigations:
• Identifying, preserving and assessing AI-generated evidence
• Obtaining and reviewing prompt histories, chat records and audit trails
• Managing confidentiality, legal privilege, data protection and chain of custody issues
• Coordinating effectively with HR, IT, Information Security and compliance teams
• AI hallucinations, liability and regulatory risk:
• Understanding AI hallucinations and their potential impact on workplace decisions and processes
• Assessing employer liability where decisions are influenced by inaccurate or AI-generated content
• Identifying circumstances where regulatory reporting, escalation or further action may be required
• Practical strategies for AI investigations:
• Developing effective investigation procedures for AI-related workplace incidents
• Reviewing and strengthening workplace AI policies to support future investigations
• Applying practical lessons and best practice approaches to reduce legal, regulatory and compliance risks

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.