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 type of damages that can be awarded is known as aggravated damages In this article, we will explore what aggravated damages are in the context of employment tribunal cases, how they differ from other types of damages, and when they may be awarded.
Aggravated damages are a form of compensation that is intended to reflect the additional harm caused to an employee by the way in which their employer acted Unlike other types of damages, such as compensatory damages which are awarded to compensate the employee for their actual losses, aggravated damages are awarded to punish the employer for their conduct and to reflect the harm caused to the employee’s feelings, reputation, or mental health.
In the context of employment tribunal cases, aggravated damages can be awarded in situations where the employer’s conduct has been particularly egregious This could include cases of discrimination, harassment, victimization, or any other conduct that amounts to unfair or unlawful treatment of the employee For example, if an employee has been subjected to sustained bullying and harassment by their manager, and the employer failed to take appropriate action to address the situation, aggravated damages may be awarded to reflect the additional harm caused to the employee’s mental health and wellbeing.
It is important to note that aggravated damages are not automatically awarded in every case where the employer’s conduct is deemed to be unfair or unlawful The employee must be able to demonstrate that the employer’s conduct has had a significant impact on them and that the additional harm caused by this conduct warrants an award of aggravated damages This is typically done through the presentation of evidence, such as witness statements, emails, or other documents that support the employee’s claim.
In deciding whether to award aggravated damages, the employment tribunal will consider a number of factors, including the seriousness of the employer’s conduct, the impact of this conduct on the employee, and any steps taken by the employer to address the situation The tribunal will also take into account any aggravating factors, such as whether the employer acted with malice or with the intent to harm the employee.
When awarding aggravated damages, the tribunal will typically take into account the following factors:
1 The seriousness of the employer’s conduct: The more serious the employer’s conduct, the more likely it is that aggravated damages will be awarded For example, if the employer has engaged in a pattern of conduct that amounts to discrimination or harassment, aggravated damages may be warranted.
2 aggravated damages employment tribunal. The impact on the employee: The tribunal will consider the impact of the employer’s conduct on the employee’s feelings, reputation, or mental health If the employee has suffered severe distress, anxiety, or other mental health issues as a result of the employer’s conduct, aggravated damages may be awarded.
3 Steps taken by the employer: The tribunal will also consider whether the employer took any steps to address the situation or to mitigate the harm caused to the employee If the employer failed to take appropriate action, this may increase the likelihood of aggravated damages being awarded.
It is worth noting that aggravated damages are typically awarded in addition to other types of damages, such as compensatory damages for loss of earnings or injury to feelings This means that an employee who is successful in their claim may be awarded a combination of different types of damages to reflect the full extent of the harm caused to them by the employer’s conduct.
In conclusion, aggravated damages are a form of compensation that can be awarded in employment tribunal cases where the employer’s conduct has been particularly egregious and has caused significant harm to the employee These damages are intended to reflect the additional harm caused to the employee and to punish the employer for their conduct When deciding whether to award aggravated damages, the tribunal will consider a range of factors, including the seriousness of the employer’s conduct, the impact on the employee, and any steps taken by the employer to address the situation Overall, aggravated damages play an important role in ensuring that employees are adequately compensated for the harm caused to them by their employers’ actions