ARTICLE
19 August 2025

ChatGPT Says I Can Get Aggravated Damages

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didlaw

Contributor

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I'm a late adopter of AI and have buried my head in the sand over it for quite some time.
United Kingdom Employment and HR

I'm a late adopter of AI and have buried my head in the sand over it for quite some time. I don't remember what finally pushed me into finding out more about it but I picked up Richard Susskind's How To Think About AI at an airport and have not been able to put it down since. I may have to read it again to understand it all but that is quite another issue.

I think one of the reasons I was reluctant to go into AI is because I don't view myself as a person who is particularly comfortable with tech. Having said that like most people I make ample use of my phone, social media, do all my banking and bills online, etc and realised I needed to get with the programme. You can read Legal Cheek's review of Susskind's latest book on AI here: https://www.legalcheek.com/2025/05/book-review-susskinds-how-to-think-about-ai/

We have noticed an increasing trend among prospective clients and clients who have already been onboarded to consult ChatGPT and similar AI apps in order to obtain or check legal advice. As a consumer I can see how this could have benefits. Often people taking legal advice on their employment issues are doing so for the first time and perhaps they do not have full confidence in their legal adviser – yet! I always think the solicitor-client relationship is built entirely on trust. It is my job to give advice and to ensure that my client understands it without the need for legal jargon and ensuring all options are explored and explained. It is incumbent on me to demonstrate my expertise and also to showcase the experience I have gained over many years dealing with all manner of situations.

I have no doubt that ChatGPT will one day reach the capability of a qualified lawyer but we are not there yet. I also have no doubt this will happen very quickly. The course of progress and improvements is astonishingly quick. By all means consult ChatGPT to understand the legal issues you are dealing with. Be careful putting all the information about your specific case because in doing so you waive privilege and make this information available in the public domain meaning technically it is disclosable in any tribunal proceedings.

You can consult ChatGPT to find out what remedies are available. I entered the sentence "can I get aggravated damages in my employment tribunal case in the UK" and got some useful information. Helpfully the first reply was that this is only available in very limited circumstances which is correct. They are rare, which is also correct. The answer explained when this might be available – where the employer has acted in a high-handed, insulting or oppressive way. This is all perfectly correct. What it does not deal with however is what constitutes high-handed, insulting or oppressive conduct. In aggravated damages context is everything but there will be a tendency in people who have suffered unlawful discrimination to find that their employer has acted in exactly these ways in every situation. ChatGPT cannot add the nuance that an experienced lawyer can especially one who might never have been awarded aggravated damages in any real-life cases. Such orders are rarer than hen's teeth.

By all means consumers should arm themselves with information. Information is power. But for now you should use the information with caution. If you don't trust the advice of your lawyer my suggestion would be that you need to find yourself a new one. It is a bit like a doctor-patient relationship. We cannot be expected to know everything but a client has to place their trust in us otherwise only suspicion and misunderstanding will follow.

Where ChatGPT might already be able to add value is signposted in the last two sentences of the reply from Chat GPT. This could be invaluable assistance for litigants in person and I have no doubt that Employment Judges would be grateful to read well-pleaded claims:

"If you want, I can walk you through how to frame a claim for aggravated damages so the tribunal is more likely to take it seriously.

Do you want me to outline that step-by-step?"

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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