When an employee takes their employer to an Employment Tribunal for things like unfair dismissal, discrimination, or breach of contract, they may be entitled to different types of compensation One type of compensation that may be awarded in these cases is aggravated damages In this article, we will explore what aggravated damages are, how they differ from other types of damages, and when they might be awarded in an Employment Tribunal case.
Aggravated damages are a type of compensation awarded to an employee in cases where the employer’s misconduct has caused the employee additional distress, humiliation, or injury to their feelings Unlike other types of damages, which are meant to compensate the employee for financial losses such as loss of earnings or benefits, aggravated damages are meant to compensate the employee for the emotional harm caused by the employer’s actions.
One important thing to note about aggravated damages is that they are not meant to punish the employer Instead, they are meant to compensate the employee for the additional harm caused by the employer’s misconduct This distinction is important because it means that aggravated damages are not awarded based on the severity of the employer’s actions, but rather on the impact those actions had on the employee.
So when might a tribunal award aggravated damages? There are a few key factors that tribunals will consider when deciding whether to award aggravated damages These factors include:
1 The severity of the employer’s misconduct: The more serious the employer’s actions, the more likely it is that aggravated damages will be awarded For example, if the employer has acted in a malicious or vindictive manner, this may increase the likelihood of aggravated damages being awarded.
2 aggravated damages employment tribunal. The impact on the employee: The tribunal will consider how the employer’s actions have affected the employee’s mental health, well-being, and reputation If the employee has suffered significant emotional harm as a result of the employer’s misconduct, this may increase the likelihood of aggravated damages being awarded.
3 The employer’s behavior during the tribunal proceedings: If the employer has failed to cooperate with the tribunal, shown a lack of remorse for their actions, or tried to cover up their misconduct, this may also increase the likelihood of aggravated damages being awarded.
It’s important to note that aggravated damages are not awarded in every Employment Tribunal case They are meant to be exceptional and are typically only awarded in cases where the employer’s misconduct has been particularly egregious and has caused the employee significant emotional harm.
Employment tribunals have the discretion to decide how much to award in aggravated damages, taking into account the specific circumstances of the case The amount awarded will vary depending on the severity of the employer’s misconduct and the impact it had on the employee.
In conclusion, aggravated damages are a type of compensation awarded to employees in cases where the employer’s misconduct has caused the employee additional emotional harm They are meant to compensate the employee for the distress, humiliation, or injury to their feelings caused by the employer’s actions While aggravated damages are not awarded in every Employment Tribunal case, they can be a crucial form of compensation for employees who have suffered emotional harm at the hands of their employer.