When an employee takes their employer to an employment tribunal for unfair dismissal or discrimination, they may be awarded compensatory damages to rectify the harm caused by the employer’s actions In some cases, the employee may also be awarded aggravated damages on top of compensatory damages But what exactly are aggravated damages in an employment tribunal context, and how are they different from compensatory damages?
Aggravated damages are designed to compensate an employee for the additional harm caused by the employer’s behavior beyond the initial wrongdoing Unlike compensatory damages, which focus on the financial loss suffered by the employee as a result of the employer’s actions, aggravated damages are awarded to address the emotional distress, humiliation, or mental anguish caused by the wrongful conduct of the employer.
In employment tribunal cases, aggravated damages may be awarded when the employer’s actions are found to be particularly egregious, malicious, or oppressive For example, if an employer unfairly dismisses an employee in a humiliating manner, knowing that it will cause significant emotional distress, the employee may be awarded aggravated damages in addition to compensatory damages.
It is important to note that aggravated damages are not punitive in nature Instead, they are intended to compensate the employee for the emotional harm caused by the employer’s actions As such, the amount of aggravated damages awarded is directly linked to the severity of the emotional distress suffered by the employee.
In order to successfully claim aggravated damages in an employment tribunal case, the employee must be able to demonstrate that the employer’s behavior was especially egregious and that it resulted in significant emotional harm This can be challenging, as the burden of proof lies with the employee to show that they are entitled to aggravated damages.
One of the key factors that employment tribunals consider when awarding aggravated damages is the conduct of the employer If the employer’s actions are found to be high-handed, oppressive, or insulting, the employee may have a strong case for claiming aggravated damages aggravated damages employment tribunal. Similarly, if the employer’s behavior was calculated to cause emotional harm to the employee, aggravated damages may be awarded.
It is worth noting that aggravated damages are not routinely awarded in employment tribunal cases They are reserved for cases where the employer’s conduct is particularly egregious and where the emotional harm caused to the employee is significant As such, employees should carefully consider whether they have a strong case for claiming aggravated damages before pursuing a claim.
In addition to compensatory and aggravated damages, employees may also be awarded exemplary damages in certain cases Exemplary damages are designed to punish the employer for their conduct and deter them from engaging in similar behavior in the future Unlike compensatory and aggravated damages, exemplary damages are intended to send a message to the employer rather than compensate the employee.
In conclusion, aggravated damages play an important role in employment tribunal cases where the employer’s behavior is found to be especially egregious and results in significant emotional harm to the employee While they are not punitive in nature, aggravated damages are intended to compensate the employee for the emotional distress, humiliation, or mental anguish caused by the employer’s actions Employees should carefully consider whether they have a strong case for claiming aggravated damages before pursuing a claim in an employment tribunal.