When an employee takes their employer to an Employment Tribunal, they may be awarded various types of damages if they are successful in their claim One type of damages that may be awarded in certain circumstances is called aggravated damages These damages are intended to compensate the employee for any additional harm or distress caused by the employer’s conduct during the course of the employment relationship In this article, we will explore what aggravated damages are, how they differ from other types of damages, and when they may be awarded in an Employment Tribunal case.
Aggravated damages are not awarded as a form of compensation for the loss suffered by the employee, but rather as a way to punish the employer for their conduct and to provide additional compensation for the employee’s distress These damages are typically awarded in cases where the employer’s behavior towards the employee has been particularly egregious or oppressive Examples of conduct that may give rise to an award of aggravated damages include bullying, harassment, discrimination, or victimization.
It is important to note that aggravated damages are distinct from other types of damages that may be awarded in an Employment Tribunal case, such as compensatory damages or exemplary damages Compensatory damages are awarded to compensate the employee for financial losses suffered as a result of the employer’s conduct, such as loss of earnings or benefits Exemplary damages, on the other hand, are awarded to punish the employer and act as a deterrent to others, rather than to compensate the employee.
In order to be awarded aggravated damages in an Employment Tribunal case, the employee must be able to demonstrate that the employer’s conduct was so egregious that it warrants additional compensation This can be a high threshold to meet, as the Tribunal will take into account the seriousness of the employer’s conduct, the impact it had on the employee, and any other relevant factors aggravated damages employment tribunal. It is not enough for the employee to simply be unhappy with their treatment by the employer; there must be evidence of conduct that goes beyond what would be considered reasonable in the circumstances.
It is also worth noting that aggravated damages are typically only awarded in cases where the employee has already been successful in proving other claims, such as discrimination or unfair dismissal These damages are intended to be an additional award on top of any compensatory damages that may be awarded for the employee’s financial losses In some cases, the Tribunal may decide to award aggravated damages even if no other claims are successful, if the employer’s conduct is found to be particularly outrageous.
When considering whether to award aggravated damages, the Tribunal will also take into account any mitigating factors that may be present For example, if the employer has taken steps to remedy the situation or has shown genuine remorse for their conduct, this may weigh in favor of a lower award of damages On the other hand, if the employer has shown no remorse or has engaged in a pattern of misconduct towards other employees, this may lead to a higher award of aggravated damages.
In conclusion, aggravated damages are a type of award that may be made in Employment Tribunal cases where the employer’s conduct towards the employee has been particularly egregious These damages are intended to compensate the employee for any additional harm or distress caused by the employer’s behavior, and to punish the employer for their conduct It is important for employees to understand what constitutes conduct that may give rise to an award of aggravated damages, and to seek legal advice if they believe they have been treated unfairly by their employer.