When an employee takes their employer to an employment tribunal for unfair dismissal, discrimination, or any other employment-related claim, they may be entitled to receive compensation for the harm caused by the employer’s actions In addition to compensatory damages, a tribunal may also award aggravated damages in certain circumstances In this article, we will discuss what aggravated damages are in the context of employment tribunal cases and how they differ from compensatory damages.
Aggravated damages are a type of financial compensation awarded by a tribunal to an employee when the employer’s conduct during the employment-related claim proceedings has aggravated the harm caused to the employee This means that the employer’s behavior has made the situation worse for the employee by, for example, acting in a malicious or vindictive manner during the proceedings.
In the context of employment tribunal cases, aggravated damages are typically awarded when the employer’s conduct has been particularly egregious or when the employee has suffered additional harm as a result of the employer’s actions Unlike compensatory damages, which are meant to compensate the employee for the financial losses they have suffered as a result of the employer’s actions, aggravated damages are meant to compensate the employee for the emotional distress, humiliation, or other non-financial harm caused by the employer’s conduct.
For example, if an employer unfairly dismisses an employee and then engages in a campaign of harassment or intimidation during the tribunal proceedings, a tribunal may award aggravated damages to compensate the employee for the emotional distress caused by the employer’s actions Similarly, if an employer discriminates against an employee on the basis of a protected characteristic and then attempts to discredit the employee during the tribunal proceedings, aggravated damages may be awarded to compensate the employee for the additional harm caused by the employer’s conduct.
It is important to note that aggravated damages are separate from punitive damages, which are not typically awarded in employment tribunal cases Punitive damages are meant to punish the employer for their misconduct and deter them from engaging in similar behavior in the future aggravated damages employment tribunal. Aggravated damages, on the other hand, are meant to compensate the employee for the harm caused by the employer’s actions.
In order to be awarded aggravated damages in an employment tribunal case, the employee must be able to demonstrate that the employer’s conduct during the proceedings aggravated the harm caused by their actions This may involve providing evidence of the employer’s behavior, such as witness statements or documentation of communications between the parties The tribunal will then consider the evidence and determine whether aggravated damages are warranted in the circumstances.
It is also worth noting that the amount of aggravated damages awarded in an employment tribunal case will vary depending on the specific circumstances of the case The tribunal will take into account the severity of the employer’s conduct, the impact of that conduct on the employee, and any other relevant factors when determining the amount of aggravated damages to be awarded.
In conclusion, aggravated damages are a type of financial compensation awarded in employment tribunal cases when the employer’s conduct during the proceedings has aggravated the harm caused to the employee Unlike compensatory damages, which are meant to compensate the employee for financial losses, aggravated damages are meant to compensate the employee for emotional distress, humiliation, or other non-financial harm caused by the employer’s conduct If you believe that you may be entitled to aggravated damages in an employment tribunal case, it is important to seek legal advice to understand your rights and options.