In employment tribunal cases, employees who have suffered mistreatment or discrimination in the workplace may be entitled to various remedies, including compensation for the harm they have endured One type of damages that may be awarded in these cases is aggravated damages Aggravated damages are intended to compensate employees for the additional harm caused by the employer’s conduct, which can include conduct that is high-handed, malicious, insulting, oppressive, or vindictive.
To understand aggravated damages in employment tribunal cases, it is important to first understand the types of claims that may give rise to such damages Employees may bring claims for unfair dismissal, discrimination, harassment, victimization, and other types of mistreatment in the workplace If successful, employees may be awarded compensation for the harm they have suffered, including both financial losses (such as loss of earnings) and non-financial losses (such as injury to feelings).
Aggravated damages are a distinct type of compensation that may be awarded in addition to other types of damages These damages are intended to compensate the employee for the additional harm caused by the employer’s conduct, beyond that which is already compensated for by other types of damages For example, if an employee has been unfairly dismissed and has suffered injury to their feelings as a result, they may be awarded compensation for that injury to their feelings as part of their unfair dismissal claim However, if the employer’s conduct in dismissing the employee was particularly high-handed or vindictive, the employee may also be awarded aggravated damages to compensate them for the additional harm caused by that conduct.
Aggravated damages are relatively rare in employment tribunal cases, as they are only awarded in cases where the employer’s conduct has been particularly egregious However, they can be a valuable remedy for employees who have been subjected to serious mistreatment in the workplace aggravated damages employment tribunal. In order to be awarded aggravated damages, the employee must demonstrate that the employer’s conduct was not only wrongful, but also aggravated in nature This may involve showing that the conduct was malicious, oppressive, vindictive, or calculated to cause the employee additional harm.
It is important to note that aggravated damages are separate from punitive damages, which are not available in employment tribunal cases Punitive damages are intended to punish the employer for their conduct, rather than compensate the employee for the harm they have suffered Aggravated damages, on the other hand, are intended to compensate the employee for the additional harm caused by the employer’s conduct, beyond that which is already compensated for by other types of damages.
In determining the amount of aggravated damages to award, employment tribunals will consider a number of factors, including the seriousness of the employer’s conduct, the impact of that conduct on the employee, and any mitigating factors that may be present Aggravated damages are typically awarded on a case-by-case basis, taking into account the specific circumstances of the case.
It is also worth noting that aggravated damages are subject to the normal rules on compensation in employment tribunal cases, including the principle of mitigation This means that employees have a duty to take reasonable steps to mitigate their losses, and any damages awarded may be reduced if the employee fails to do so.
In conclusion, aggravated damages are a valuable remedy for employees who have been subjected to serious mistreatment in the workplace These damages are intended to compensate employees for the additional harm caused by the employer’s conduct, beyond that which is already compensated for by other types of damages While aggravated damages are relatively rare in employment tribunal cases, they can be a powerful tool for employees seeking justice for mistreatment in the workplace.