You will have noticed a dramatic increase in press, articles and commentary on AI over the last few months. With AI advancing and learning every day, more and more people are finding uses for this to help with a plethora of tasks. In this article we focus on raising awareness of how AI tools can assist applicants and how this may have a detrimental impact on the employer.

We are seeing an increase in clients seeking advice where applicants have used AI tools within the recruitment process to aid their application. AI tools can be used by applicants in a number of ways, including:

• to re-write CVs and draft cover letters to better align to the job descriptions and adverts
• to ask what types of interview questions that may be asked for the role they are interviewing for
• to draft presentations, reports or assessments if they are given advance warning of these
• to prompt interview answers if hosting interviews virtually with another device listening to the interviewer and providing responses for the applicant to read aloud

At Advo we have ourselves explored how an applicant may use AI and were surprised at how detailed, and in most cases, accurate the results were.

Whilst the use of AI tools increases the chances of a candidate being selected for interview and perhaps even selected for the role, there are concerns that AI assisted applications may not be a true representation of someone’s experience and ability. This can often become apparent when the employee commences employment and their performance does not match the expectations or indeed their application. A poorly performing new starter can add considerably to management time and unfortunately you could be in a position of need to dismiss them for a failed probation if they cannot reach the required standards meaning you commence the recruitment process again.

Some candidates may use AI to support their application due to a medical condition or neurodivergence so it is important not to make any decisions without questioning why these AI tools are being used.

Given the changes in legislation coming into force on 1^st January 2027 but effecting new starters from 1^st July 2026, where employees will need only 6 months service in order to make an unfair dismissal claim, this means the management of probationary periods need to be tighter than ever with regular reviews and support given to enable both employer and employee to determine if the role is the correct fit for them.

If an applicant uses AI for their application and you have made it clear to them that they are prohibited from using this and they have not declared this or explained why when probed, you may be able to disqualify them from the recruitment process. However, this may come with some risk as applicants can make discrimination claims so please do speak to your HR Consultant here at Advo if you need any specific advice fore you take any action.

Also, if an employer opts to put their candidate data into external AI verification software this could breach UK GDPR regulations so careful consideration and risk assessments would be required before taking this action.

Action points for employers

We’d recommend taking the time to consider your stance on the use of AI for applicants. Are you happy for it to be used? Should applicants declare what they have used it for and why? Is the use of AI banned? What are the consequences of using it? We’d advise employers to set clear boundaries in your job advert, job descriptions and career pages on your website. Have a policy on this too. We can assist in advising and drafting such documents.

Once employed, the focus needs to turn to managing the probationary period in a structured manner, with regular reviews and a firm decision made regarding if the employee has passed their probation including any appeals before the 6 month mark for those starting employment on or after 1^st July 2026.

If you would like to know more or would like support in drafting a policy or wording regarding applicants’ use of AI please do get in touch with your dedicated contact

Article written by Advo HR Consultant, Jess Hall