Promoting untrained staff into management roles carries hidden risks, writes MARIANNE McJANNETT
Promoting high-performing employees into management roles is a natural and often necessary step for growing organisations, in a bid to retain good people. However, too often these promotions are made without sufficient training or support. While the individual may excel technically, the shift to people management introduces a range of legal responsibilities that, if mishandled, can expose employers to significant risk.
At the heart of the issue is a simple but critical distinction: being good at a role does not equate to being equipped to manage others. Without proper guidance, newly-promoted managers may unknowingly act in ways that place the organisation in breach of employment law, and poor management is the area where a lot of grievances and issues raised at tribunal stem from.
One of the most immediate risks arises under equality legislation. Managers are often responsible for decisions relating to recruitment, promotions, flexible working, performance and disciplinary action. Without training, they may inadvertently apply criteria inconsistently or fail to recognise protected characteristics, leading to claims of discrimination or harassment.
Managers play a central role in performance management and disciplinary processes. A lack of training can lead to procedural errors such as failing to follow fair processes, inadequate investigations, or disproportionate sanctions. These missteps frequently underpin unfair dismissal claims.
Tribunals do not expect perfection, but they do expect a reasonable and consistent approach. Where a manager has not been trained on internal procedures or basic employment law principles, the organisation’s position becomes much harder to defend. I can guarantee that one of the first questions asked of a manager in cross-examination in the employment tribunal will be whether they have read the policy. It’s not a great situation when the answer is no!
New managers are often the first point of contact for grievances, complaints, and sensitive workplace issues. Without appropriate support, there is a risk that concerns are dismissed, mishandled, or escalated unnecessarily.
This can lead to claims for constructive dismissal or breach of trust and confidence, particularly where employees feel their complaints have not been taken seriously or addressed appropriately.
There is also a growing focus on the role of managers in supporting employee wellbeing. Untrained managers may struggle to recognise signs of stress, burnout, or mental health issues, and may not understand their obligations around reasonable adjustments.
Beyond formal legal claims, poorly-supported managers can have a significant impact on workplace culture. Inconsistent or inappropriate management styles can lead to disengagement, increased turnover, and a breakdown in trust, and may be the topic that is discussed about your company externally.
To mitigate these risks, employers should ensure that management development is treated as a priority rather than an afterthought. Practical steps include:
- Providing structured induction and training for new managers
- Clear guidance on policies and procedures
- Ongoing coaching and support from HR or senior leadership
- Regular refreshers on equality and employment law developments
Organisations that invest in their managers not only reduce legal exposure but also create stronger, more resilient teams.
Marianne McJannett is an employment partner at Aberdein Considine
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