When an employee decides to bring a claim against their employer in an employment tribunal, they may seek various remedies such as compensation for unfair dismissal, discrimination, or breach of contract In some cases, the employee may also be able to claim aggravated damages Aggravated damages are a type of compensation awarded by tribunals in cases where the employer’s conduct has been particularly egregious and has caused the employee additional distress beyond what would normally be expected In this article, we will explore the concept of aggravated damages in employment tribunal cases and how they are awarded.
Aggravated damages are different from other types of compensation, such as compensatory (or general) damages, which are awarded to compensate the employee for their actual financial losses resulting from the employer’s actions Aggravated damages, on the other hand, are intended to compensate the employee for the emotional distress, humiliation, or loss of dignity they have suffered as a result of the employer’s conduct This can include situations where the employer has acted in a malicious, insulting, or oppressive manner, or where they have failed to take steps to prevent or address harassment or discrimination in the workplace.
In order to be awarded aggravated damages, the employee must be able to demonstrate that the employer’s conduct was not only wrongful but also particularly reprehensible This can be a high bar to meet, as tribunals will typically expect to see clear evidence of the employer’s actions and the impact they had on the employee For example, if the employee can show that the employer was fully aware of the discriminatory behavior of a colleague and did nothing to address it, this may be seen as a strong case for aggravated damages.
It is important to note that aggravated damages are not automatically awarded in every case where the employer’s conduct is deemed to be particularly egregious Tribunals will consider a range of factors when deciding whether to award aggravated damages, including the severity of the employer’s conduct, the impact it had on the employee, and any mitigating factors that may be present For example, if the employer can show that they took steps to address the harassment or discrimination once they became aware of it, this may weigh against an award of aggravated damages.
If the tribunal decides to award aggravated damages, they will typically assess the amount based on the severity of the employer’s conduct and the impact it had on the employee aggravated damages employment tribunal. This can be a subjective process, as there are no fixed rules or guidelines for calculating aggravated damages Instead, tribunals will consider the specific circumstances of the case and make a judgment based on their assessment of the evidence presented.
In some cases, aggravated damages may be awarded alongside other types of compensation, such as compensatory damages or an award for injury to feelings This can result in a significant increase in the overall amount of compensation awarded to the employee However, it is important to note that aggravated damages are intended to compensate for a specific type of harm and are not awarded in every case where the employee has suffered emotional distress or humiliation.
Employers should be aware of the potential for aggravated damages when facing claims in an employment tribunal Taking steps to prevent harassment, discrimination, or other wrongful conduct in the workplace can help to mitigate the risk of such claims arising In cases where a claim for aggravated damages is brought, employers should be prepared to defend against the allegations and present evidence to show that their conduct was not as egregious as claimed.
In conclusion, aggravated damages are a type of compensation awarded in employment tribunal cases where the employer’s conduct has been particularly reprehensible and has caused the employee additional distress beyond what would normally be expected While not awarded in every case, they can result in a significant increase in the amount of compensation awarded to the employee Employers should be aware of the potential for aggravated damages and take steps to prevent such claims from arising.