When an employee takes their employer to an employment tribunal for unfair dismissal, discrimination, or any other employment law violation, they may be awarded various types of damages to compensate for the harm they have suffered In some cases, the tribunal may go beyond compensatory damages and award aggravated damages as well In this article, we will take a closer look at what aggravated damages are and how they are awarded in employment tribunal cases.
Aggravated damages are a special type of damages that are awarded to compensate an employee for the additional harm caused by the employer’s conduct Unlike compensatory damages, which are meant to compensate the employee for their actual financial losses, aggravated damages are intended to compensate for the intangible harm caused by the employer’s conduct This can include things like emotional distress, humiliation, loss of dignity, and damage to reputation.
In employment tribunal cases, aggravated damages are typically awarded in situations where the employer’s conduct is particularly egregious or where there are aggravating factors present This could include things like bullying, harassment, discrimination, victimisation, or any other type of misconduct that goes beyond simply breaching employment law.
One of the key factors that the tribunal will consider when deciding whether to award aggravated damages is the employer’s conduct leading up to the dismissal or other employment law violation If the employer’s conduct was malicious, high-handed, insulting, or oppressive, the tribunal may be more likely to award aggravated damages.
It’s worth noting that simply proving that the employer’s conduct was unfair or unreasonable is not enough to warrant an award of aggravated damages The employee must also demonstrate that they have suffered actual harm as a result of the employer’s conduct aggravated damages employment tribunal. This could include things like loss of enjoyment of life, anxiety, depression, or other emotional and psychological effects.
If the tribunal decides to award aggravated damages, they will typically be awarded in addition to compensatory damages The amount of aggravated damages awarded will vary depending on the circumstances of the case, but they are usually capped at a certain percentage of the compensatory award.
It’s also important to note that aggravated damages are not awarded in every employment tribunal case The employee must be able to provide strong evidence of the employer’s misconduct and the harm that they have suffered as a result This is why it’s essential to document any instances of misconduct, harassment, discrimination, or other inappropriate behaviour by the employer.
In conclusion, aggravated damages are a special type of damages awarded in employment tribunal cases to compensate employees for the intangible harm caused by their employer’s conduct These damages are meant to compensate for things like emotional distress, humiliation, and damage to reputation If you believe that you have been the victim of egregious misconduct by your employer, it’s important to seek legal advice to determine whether you may be entitled to aggravated damages in addition to compensatory damages.