In the world of employment law, when a case goes to an employment tribunal, there are various types of damages that can be awarded to an employee who has been wronged by their employer One such type of damages is called aggravated damages These damages are not intended to compensate the employee for their financial losses, but rather to compensate them for the additional harm caused by the employer’s conduct In this article, we will delve into what aggravated damages are, how they differ from other types of damages, and when they may be awarded in an employment tribunal.
Aggravated damages are a type of non-compensatory damages that are awarded to a claimant in a civil claim to compensate for the injured party’s distress, humiliation, and loss of dignity suffered as a result of the defendant’s conduct In the context of an employment tribunal, aggravated damages may be awarded in cases where the employer’s conduct was particularly callous, malicious, or oppressive Unlike compensatory damages, which are intended to compensate the claimant for their financial losses, aggravated damages focus on the claimant’s emotional distress and suffering.
It is important to note that aggravated damages are not awarded in every case that goes to an employment tribunal In order for aggravated damages to be awarded, the tribunal must be satisfied that the employer’s conduct was egregious enough to warrant such an award This typically means that the employer’s actions were deliberate, malicious, or reckless, and that they caused the employee a significant amount of emotional harm Examples of conduct that may warrant an award of aggravated damages include bullying, harassment, discrimination, and victimization.
In addition to the employer’s conduct, the tribunal will also consider the impact that the conduct had on the employee when deciding whether to award aggravated damages Factors such as the employee’s vulnerability, the length of time the conduct went on for, and the severity of the harm caused will all be taken into account aggravated damages employment tribunal. The tribunal may also consider any attempts by the employer to apologize or make amends for their actions when deciding whether to award aggravated damages.
It is worth noting that aggravated damages are typically awarded in addition to compensatory damages, rather than as a standalone award This means that the claimant will still receive compensation for their financial losses, such as lost wages or benefits, in addition to the aggravated damages awarded for their emotional distress The amount of aggravated damages awarded will vary depending on the severity of the conduct and its impact on the claimant, but can sometimes be substantial.
One key difference between aggravated damages and other types of damages is that aggravated damages are not typically subject to any caps or limits This means that the tribunal has the discretion to award as much as they see fit in order to compensate the claimant for the harm caused by the employer’s conduct This can be particularly important in cases where the harm suffered by the claimant is significant, but may not be easily quantifiable in financial terms.
In conclusion, aggravated damages are a unique type of damages that can be awarded in an employment tribunal to compensate an employee for the emotional distress and suffering caused by their employer’s conduct These damages are not intended to compensate the claimant for their financial losses, but rather to recognize and compensate them for the additional harm caused by the employer’s actions Aggravated damages are typically awarded in cases where the employer’s conduct was particularly egregious, and the impact on the claimant was severe While not awarded in every case, when awarded, aggravated damages can provide important recognition and compensation for the harm suffered by the employee.