CURRENT LEGAL ARTICLES

Artificial intelligence is changing the modern workplace at an extraordinary pace. While AI offers many practical benefits, it has also created new challenges for employers and employees, particularly during workplace investigations.

One emerging concern is the use of deepfake audio, manipulated images, and fabricated screenshots. As these technologies become increasingly convincing, employers carrying out disciplinary or grievance investigations must exercise greater caution before relying on digital evidence.

For employers and employees in Cork and throughout Ireland, the key question is no longer whether AI-generated evidence exists—it is whether it can safely and fairly be relied upon in an employment investigation.

Who This Information Is For

This article is intended for:

• Employees involved in disciplinary or grievance procedures.
• Employers and HR professionals conducting workplace investigations.
• Managers responsible for assessing digital evidence.
• Individuals in Cork and throughout Ireland seeking guidance on fair workplace procedures.

Why Digital Evidence Is Becoming More Complex

Employment investigations increasingly involve electronic evidence rather than traditional witness statements alone.

Examples include:

• WhatsApp conversations
• Microsoft Teams messages
• Emails
• Screenshots
• Voice recordings
• Social media posts
• Photographs
• AI-generated content

While digital evidence can assist an investigation, it also raises important questions about authenticity and reliability.

What Is a Deepfake?

A deepfake is digital content created or manipulated using artificial intelligence to appear genuine.

Examples include:

• AI-generated voice recordings
• Edited audio conversations
• Manipulated screenshots
• Altered photographs
• Synthetic video recordings

Some AI tools can now imitate a person’s voice with remarkable accuracy, making it increasingly difficult to distinguish genuine recordings from fabricated ones.

You may also find our article “Can You Be Dismissed for Social Media Posts in Ireland?“ helpful, as it examines digital conduct, workplace investigations and fair disciplinary procedures from an employment law perspective.

Can Employers Automatically Rely on This Type of Evidence?

No.

Irish employment law generally places significant emphasis on fair procedures rather than assumptions.

During a workplace investigation, employers should carefully consider:

• Where did the evidence come from?
• Has it been altered?
• Can its authenticity be verified?
• Is there supporting evidence?
• Has the employee been given an opportunity to respond?

An investigation that relies solely on questionable digital material may expose an employer to legal risk if fair procedures are not followed.

Fair Procedures Remain the Central Principle

Even where digital evidence appears convincing, employers should avoid reaching conclusions too quickly.

A fair investigation will usually involve:

• Reviewing all available evidence
• Considering alternative explanations
• Interviewing relevant witnesses
• Allowing the employee to respond
• Keeping an open mind until all evidence has been considered

The introduction of AI-generated material does not remove these fundamental obligations.

Fake Screenshots: Why They Present New Challenges

Modern editing software can produce screenshots that appear authentic.

Examples may include:

• Conversations that never occurred.
• Messages edited after the event.
• Fabricated timestamps.
• Altered usernames.
• Missing portions of conversations.

For this reason, screenshots should rarely be viewed in isolation.

Where appropriate, employers may wish to consider obtaining original message histories or other supporting information before relying upon screenshot evidence.

Deepfake Audio and Workplace Investigations

Audio recordings may appear persuasive because people naturally trust what they hear.

However, advances in AI now make it possible to imitate voices with increasing realism.

Before relying upon an audio recording, investigators may need to consider:

• Who created the recording?
• Has the recording been edited?
• Can the original file be examined?
• Does other evidence support what is being alleged?
• Is there any reason to question authenticity?

A thorough investigation should assess the reliability of all available evidence rather than focusing on a single recording.

The Importance of Procedural Fairness

Irish employment law has consistently recognised the importance of fair procedures in disciplinary matters.

Even where concerns appear serious, investigators should avoid predetermined conclusions.

Good practice may include:

• Providing copies of relevant evidence
• Giving adequate time to respond
• Explaining the allegations clearly
• Considering explanations objectively
• Documenting the investigation process

Fair procedures help protect both employers and employees while supporting confidence in workplace decision-making.

Artificial Intelligence Is Also Affecting Employment Disputes

Artificial intelligence is now appearing not only in workplaces but also in employment disputes.

The Workplace Relations Commission (WRC) has published guidance reminding parties that while AI tools may assist with drafting documents, responsibility for the accuracy of submissions remains with the person relying on them. The guidance also warns against fabricated authorities, inaccurate information and misleading AI-generated material. 

This reflects a broader principle that authenticity, accuracy and fairness remain essential throughout employment processes.

Practical Considerations for Employers

Where AI-generated evidence is suspected, employers may consider:

• Verifying the source of digital material
• Avoiding decisions based on a single piece of evidence
• Seeking IT or forensic assistance where appropriate
• Maintaining procedural fairness
• Keeping detailed investigation records
• Ensuring employees have a meaningful opportunity to respond

Every investigation will depend on its own facts.

Frequently Asked Questions

Can an employee be dismissed based solely on a screenshot?

Not necessarily. Employers should carefully assess whether the screenshot is authentic, reliable and supported by other evidence before making disciplinary decisions.

Are deepfake recordings recognised under Irish employment law?

There are no specific employment law rules dealing exclusively with deepfake evidence. However, general principles of fair procedures and reliable evidence remain highly relevant.

Should employers investigate whether digital evidence has been manipulated?

Where there is a genuine question regarding authenticity, further investigation may be appropriate before relying upon the material.

Can AI-generated documents be used in Workplace Relations Commission proceedings?

AI may assist in preparing documents, but parties remain responsible for ensuring that any factual or legal material submitted is accurate and verified.

What should employees do if they believe evidence has been fabricated?

Employees should raise their concerns during the investigation and provide any available information that may assist in verifying the authenticity of the evidence.

Conclusion

Artificial intelligence is changing the nature of workplace investigations, but it has not changed the core principles of Irish employment law.

Whether an investigation involves emails, screenshots, voice recordings or emerging AI technologies, decisions should continue to be based on fair procedures, reliable evidence and objective assessment.

As digital evidence becomes more sophisticated, employers and employees alike should recognise that authenticity cannot be assumed simply because material appears convincing.

Contact Dylan Green & Associates Solicitors

If you have questions about a workplace investigation, disciplinary process or the use of digital evidence in employment matters, confidential legal advice may help clarify your rights and obligations.

Dylan Green & Associates Solicitors

Office: Horgan’s Quay, The Waterfront Square, CORK, T23 PPT8

Phone: 021 470 8570

Email: info@greensolicitors.ie

We advise employers and employees in Cork and throughout Ireland on workplace investigations, disciplinary procedures and employment disputes, providing practical guidance tailored to the circumstances of each case.

Disclaimer

This article is intended for general information purposes only and does not constitute legal advice. Every employment dispute depends on its individual facts and applicable law. Specific legal advice should always be obtained before making decisions or taking action in relation to any workplace investigation or employment matter.

This article was prepared by a solicitor practising in employment law.