Fair hearing

His experiences as a PCS rep and an interest in employment law brought Xavier Boyle to the role of conciliator at the Advisory, Conciliation and Arbitration Service (Acas), which provides advice on industrial relations and aims to help resolve workplace disputes before they get to a tribunal court.

How did you get into this job?
I was previously a DWP work coach and was a PCS rep there. I was representing members in a challenging workplace, for example by advocating for them to have reasonable adjustments to improve their working lives. I became quite good at checking what the policies and law said. 

When I was looking for a move a year ago, this felt like a natural step.

There are similarities with this role, in that you are talking to people and checking what the legislation says. The main difference is that in this job we don’t represent either side; we are trying to promote a resolution. There is intensive training. I had to adjust to that and put on my impartiality hat.

How does it work?
I am allocated cases where someone has requested early conciliation.

It might be something objective like wages claims, breach of contract or unfair dismissal, or – after you’re fully trained – more subjective like a discrimination claim or whistleblowing case.

Most people come to us without any representation. More people are using AI to get over-inflated legal ‘advice’ online or reading sensational media stories. Part of the role is managing expectations on what the law says, what a tribunal would actually look at, and what the outcomes could be.

About 80% of the job is being able to talk to people and explain information, and 20% is knowing the relevant legislation and case law. 

A key skill is building a rapport with those involved so they’ll be receptive to what you are saying. 

Once I get the case I phone the claimant to get details. We’re often the first person they have spoken to, outside of family, and to an extent they are unloading. People can get quite upset. You’re there to listen, then help them frame what they want as an outcome. Then I email the employer to give them warning that I will call – it’s often the first they’ve heard of the claim. Then there is back and forth.
We’re seeking an informal or formal agreement between the parties.

If the claimant still decides to lodge an employment tribunal claim we stay with the case and keep in contact to see if at any point the parties want to agree to settle it. I’ve got about 25 early conciliation cases and new allocations every day. There’s a lot of plate spinning.

Can people still surprise you?
You can get cases where you wonder whether someone really wants to sit before a judge and tell them the things they’ve been doing. Some people leave out key details. I had a claimant who said they were unfairly dismissed, then the employer told me they had been growing cannabis on work premises. When I took this back to the claimant, they said ‘well, it was only for personal use’.

What are the pros and cons of the job?
I like talking to people. It’s nice being the point of contact when they’re going through a difficult time, and being able to guide them through the process. To an extent I enjoy challenging preconceived ideas with legal facts and different perspectives, so people have the information they need to come to a decision.

There can be burnout and emotional fatigue. You’re taking on people’s problems, and that can accumulate and get you down. There’s got to be a bit of self-care. 

We have a backlog of cases, so sometimes people can be frustrated they haven’t been contacted sooner.

What’s the main issue for PCS members?
Our people survey showed the top reason for people wanting to leave Acas is unmanageable workload.
Additional recruitment is happening, but it’s not enough to match the demands we’re facing.

The solution they have proposed is that everyone needs to work a bit harder and that we’ll all be allocated an extra case each week. But that can have a cumulative effect and you become overwhelmed, so it’s facing a lot of objections.

I’m passionate about becoming a rep again. I’m also going as a delegate to PCS conference this year, for the third time, which is an important and enjoyable way to get involved with the union.