Looking to the future: Artificial Intelligence set to play a key role in Acas’ 5-year strategy

Following the announcement of Acas’ 5-year strategy, which aims to “reduce the cost of conflict”, I was intrigued by its stated intention to “[explore] the use of AI and new digital services to make support faster and more accessible.” 

Hardly a week goes by when we don’t hear about developments in AI and proposed new uses. However, as an employment lawyer who is regularly engaging with Acas and the employment tribunal service and is acutely aware of the strain that both systems are under, I was particularly interested in Acas' pledge to harness AI.

To put this into context, the demand for Acas' services is rising; according to its Annual Report for 2023-2024 (the most recent available), the number of individual disputes filed  with Acas for early conciliation increased from around 90,800 in 2020-2021 to over 104,800 in 2023-2024. The number of calls to their helpline is also on the rise, and the disputes are becoming more complex. 

Added to that, the government’s economic analysis of the impact of the Employment Rights Bill, projects an increase of around 15% in cases going through Acas and the employment tribunal system. In real terms, a projected extra 15,000 cases will be referred to early conciliation and 4,750 more claim forms will be filed with the tribunal. Approximately two-thirds of these cases are anticipated to stem from the introduction of ‘day one’ unfair dismissal rights under the Bill. 

Many have, therefore, understandably voiced concerns about how both Acas and the employment tribunal will adapt given the existing strain.  

To alleviate these pressures, Acas’ 2025-2030 strategy states, as one of its  aims, an intention to expand its presence in AI-generated content and to enhance its helpline and business support services, supported by new digital tools. Exactly what form these digital tools are likely to take is still to be determined, with no further details provided in the strategy announcement. 

To my mind, the answer is rooted in going back to basics. Advice and conciliation are key services that Acas is charged with providing. Both of these services rely on the application of very human skills. With this in mind, it strikes me that any innovation should be focussed on how AI might be used to give Acas conciliators more time to engage, human to human, in these functions.

Perhaps chatbots, which are improving all the time, could be used to answer more straightforward questions which Acas receives, such as how to begin the early conciliation process, or what number to call to discuss an ongoing case. Similarly, AI tools could be used to speed up administrative tasks, such as note-taking. Or perhaps AI could be used to screen new cases to identify those that have greater potential for conciliation? We are already reasonably familiar with screening tools in the recruitment space, where CV screening tools are commonly used. It might be interesting to see how an algorithm could be programmed to identify those cases which Acas might be best able to resolve. 

Regardless of form, Acas Chief Executive, Niall Mackenzie, has acknowledged that these upgrades will require government funding to develop and test the technology, but he hopes that early investment will pay dividends in easing future pressures. 

Everyone who engages in the conciliation and tribunal systems, be they claimants, employers, lawyers, trade unions and other representatives, would agree that change is needed, and perhaps harnessing AI to help alleviate increasing pressures could help the system to keep pace? AI is transforming other parts of the legal sector, and it will be interesting to see the ways in which Acas chooses to follow suit. 

If you have any questions, please don’t hesitate to get in touch with Eilidh Wood, or your usual Burges Salmon contact. 

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This post was co-authored with Eve Maxwell.

"The new ACAS strategy will ... harness technology and data more effectively to focus Acas’s efforts where they can have the greatest impact"

https://www.acas.org.uk/about-us/acas-strategy-2025-to-2030