The short answer is yes – in several distinct ways. Untrained managers create conditions for higher tribunal awards through the Worker Protection Act 2023 compensation uplift, the collapse of the Equality Act reasonable steps defence, ACAS uplift for procedural failures, and the uncapped compensation regime that applies to discrimination and whistleblowing claims. This article sets out each mechanism and what organisations can do to reduce their exposure.
The Worker Protection Act 2023: the 25% uplift
The most direct link between manager training and tribunal compensation is the uplift introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023. Where an employment tribunal finds that an employer has failed to comply with the positive duty to take reasonable steps to prevent sexual harassment, it can increase the compensation awarded in the underlying harassment claim by up to 25%.
The positive duty requires employers to take proactive, documented steps – including training managers – before harassment occurs. An employer that cannot demonstrate its managers were trained to recognise, respond to and prevent sexual harassment will struggle to satisfy the reasonable steps standard. The uplift then applies to compensation that is already uncapped in discrimination cases, meaning the financial consequence of the training gap compounds with the underlying claim value.
The Equality and Human Rights Commission has confirmed it will use its enforcement powers where employers fall short of the positive duty. Those powers include conducting investigations, issuing unlawful act notices and requiring binding action plans – consequences that sit alongside, not instead of, tribunal proceedings.
The Equality Act 2010 reasonable steps defence – and what happens when it fails
Under the Equality Act 2010, an employer is vicariously liable for acts of discrimination and harassment carried out by its employees in the course of employment. The only statutory defence is that the employer took all reasonable steps to prevent the discriminatory act. If the defence fails – including because managers were not trained – the employer bears full liability for the discriminatory acts of its staff.
Compensation in successful discrimination claims is uncapped. Awards regularly run into six figures in cases involving harassment, constructive dismissal, and personal injury to feelings at the upper Vento band. An employer that invested in manager training and can demonstrate the reasonable steps defence is in a materially different legal position to one that cannot.
It is worth noting that the reasonable steps defence requires employers to show they took all reasonable steps – not just some. A harassment awareness module that does not equip managers to respond correctly, handle disclosures confidentially or avoid retaliation is unlikely to satisfy the “all” standard, even if completion records exist.
PIDA whistleblowing claims: uncapped compensation and personal liability
Compensation in successful whistleblowing detriment and automatic unfair dismissal claims under the Public Interest Disclosure Act 1998 is uncapped. There is no qualifying employment period for automatic unfair dismissal on whistleblowing grounds, meaning even workers in their first weeks of employment are protected.
Two features of PIDA claims increase the financial exposure created by untrained managers:
Injury to feelings awards
Tribunals can award compensation for injury to feelings in whistleblowing detriment cases. Where a worker has been subjected to sustained detriment – exclusion, marginalisation, a managed exit – following a protected disclosure, injury to feelings awards can be substantial, particularly where the detriment is found to have been deliberate or prolonged.
Personal liability of the manager
PIDA enables tribunals to join individual managers as respondents and order them to pay compensation personally where they are found to have committed the detriment. A manager who retaliates against a whistleblower without understanding that the worker’s disclosure was protected faces both a tribunal finding against them individually and the reputational consequences that follow. For managers, training on PIDA is not merely an organisational compliance matter – it is a personal legal protection.
ACAS uplift for procedural failures
Where an employer or employee fails to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, employment tribunals can adjust compensation by up to 25% in relevant cases. Manager training failures frequently surface as procedural failures: an untrained manager who fails to conduct a fair investigation, does not offer the right to be accompanied, or imposes a sanction disproportionate to the conduct gives the tribunal grounds to apply the uplift.
ACAS uplifts apply cumulatively with other uplift mechanisms. In a case involving harassment and a procedural failure, a tribunal could in principle apply both the Worker Protection Act uplift and the ACAS uplift, substantially increasing the total award. The ACAS Code is not legally binding, but departure from it without good reason will be scrutinised – and “our managers were not trained” is not a good reason.
How training records affect compensation outcomes
Training records are relevant to tribunal outcomes in two ways. First, they are the primary evidence for defences based on reasonable steps or all reasonable steps. An employer that can produce documented training records – showing who was trained, on what content, when and whether training was refreshed after legislative changes – is better placed to run those defences than one that cannot.
Second, the absence of training records, or the existence of records showing outdated training, can be used by the claimant’s representatives to undermine the employer’s case. A tribunal that sees training records showing all manager training predates the Worker Protection Act 2023 coming into force will draw conclusions about the currency of the employer’s compliance arrangements.
CPD-certified training carries an additional evidential benefit. Accreditation by the CPD Certification Service confirms that the course content is accurate, current and fit for purpose. In tribunal proceedings or an EHRC investigation, CPD certification is a quality marker that generic internal training lacks.
The cumulative financial case for manager training
Combining the mechanisms above, the financial exposure created by untrained managers in a single contested harassment or whistleblowing case can include:
- Uncapped compensatory award for discrimination or whistleblowing detriment
- Up to 25% uplift under the Worker Protection Act for breach of the positive duty
- Up to 25% uplift under the ACAS Code for procedural failures
- Injury to feelings award at the appropriate Vento band
- Personal liability award against the individual manager
- Legal costs of defending the proceedings
Against that exposure, the cost of delivering CPD-certified, facilitated manager training – covering harassment prevention, whistleblowing obligations and disciplinary procedure – is a fraction of the potential award in a single contested case. CIPD research from 2024 found that 1 in 4 workers had experienced bullying or harassment, with a significant gap between employer confidence in their arrangements (81% thought they were doing enough) and employee experience (only 36% felt their concerns were resolved). The volume of potential claims in the contemporary workplace means the financial case for training is not theoretical.
Related resources
Legal Obligations for Manager Training in the UK (hub): https://www.safecall.co.uk/resource/legal-obligations-for-manager-training-in-the-uk/
What are the legal consequences of failing to train managers on whistleblowing: https://www.safecall.co.uk/resource/what-are-the-legal-consequences-of-failing-to-train-managers-on-whistleblowing/
Worker Protection Act 2023 – Manager Training Guide: https://www.safecall.co.uk/resource/what-counts-as-reasonable-steps-under-the-worker-protection-act-for-employers/
Tackling Sexual Harassment – Manager Training: https://www.safecall.co.uk/service/prevention-of-sexual-harassment-training/
Safecall’s training for managers
Safecall’s CPD Certified facilitated training courses equip managers with the knowledge to meet their legal obligations under the Worker Protection Act 2023, PIDA and the ACAS disciplinary and grievance code. Tackling Sexual Harassment – A Guide for Managers (online: 2.5 hours; in-person: half day) and Listen Up – Whistleblowing for Managers (online: half day; in-person: full day) address the specific training gaps that create tribunal exposure. Both courses generate documented attendance and completion records. Bespoke tailoring is available for organisations with specific sector or policy requirements.
Find out more about Safecall’s training courses at safecall.co.uk/service/compliance-training/ or contact the team at [email protected] | +44 (0) 191 516 7720
Sources and further reading
Worker Protection (Amendment of Equality Act 2010) Act 2023: legislation.gov.uk/ukpga/2023/51
Equality Act 2010 – section 109 (liability of employers): legislation.gov.uk/ukpga/2010/15/section/109
Public Interest Disclosure Act 1998: legislation.gov.uk/ukpga/1998/23
ACAS – Code of Practice on Disciplinary and Grievance Procedures: acas.org.uk/acas-code-of-practice-for-disciplinary-and-grievance-procedures
Equality and Human Rights Commission – Employer guidance on preventing sexual harassment at work: equalityhumanrights.com/guidance/employer-guidance-preventing-sexual-harassment-work
CIPD – Harassment and Bullying at Work, 2024: cipd.org/uk/knowledge/reports/harassment-bullying-work/