When an employee brings a claim against their employer in an employment tribunal, they may be awarded various types of damages if their claim is successful One such type of damages that may be awarded is aggravated damages Aggravated damages are awarded in addition to any compensatory damages and are designed to compensate the employee for the additional distress or harm caused by the employer’s behavior In this article, we will explore what aggravated damages are in the context of an employment tribunal and how they are awarded.
Aggravated damages are a form of damages that are designed to compensate an employee for the additional harm or distress caused by the employer’s behavior Unlike compensatory damages, which are awarded to compensate the employee for their financial losses as a result of the employer’s actions, aggravated damages are awarded to compensate the employee for the intangible harm caused by the employer’s conduct This can include emotional distress, humiliation, embarrassment, and other forms of harm that are not easily quantifiable in monetary terms.
In order to be awarded aggravated damages in an employment tribunal, the employee must show that the employer’s conduct went beyond simply breaching their legal obligations and was particularly egregious This could include conduct that was malicious, oppressive, high-handed, insulting, or insensitive It is not enough for the employee to show that the employer acted unreasonably or in breach of their legal obligations – they must demonstrate that the employer’s conduct was so egregious that it warrants an award of aggravated damages.
In determining whether aggravated damages should be awarded, the employment tribunal will consider a number of factors, including the nature and extent of the harm suffered by the employee, the conduct of the employer, the severity of the breach of the employer’s legal obligations, and any other relevant circumstances aggravated damages employment tribunal. The tribunal will also consider whether the employee has mitigated their losses by taking steps to address the harm caused by the employer’s conduct.
One key factor that the employment tribunal will consider when awarding aggravated damages is the employer’s conduct during the course of the proceedings If the employer has acted in a way that exacerbates the harm suffered by the employee, such as by denying liability, failing to cooperate with the tribunal, or engaging in intimidating or harassing behavior, this may increase the likelihood of aggravated damages being awarded On the other hand, if the employer has taken steps to address the harm caused by their conduct, such as by apologizing to the employee, offering a settlement, or taking steps to prevent similar conduct in the future, this may reduce the likelihood of aggravated damages being awarded.
It is important to note that aggravated damages are not awarded lightly and are relatively rare in employment tribunal cases In order to be awarded aggravated damages, the employee must demonstrate that the employer’s conduct was so egregious that it warrants such an award The employee must also provide evidence of the harm caused by the employer’s conduct and show that this harm goes beyond the ordinary distress or harm that would be expected in a particular circumstance.
In conclusion, aggravated damages are a form of damages that may be awarded in an employment tribunal in addition to compensatory damages These damages are designed to compensate the employee for the additional harm or distress caused by the employer’s conduct and are awarded in cases where the employer’s behavior is particularly egregious Employees who believe they may be entitled to aggravated damages should seek the advice of an experienced employment lawyer to assess their case and determine the best course of action.