When an employee brings a claim against their employer to an employment tribunal, the aim is often to seek compensation for any harm suffered as a result of the actions of the employer In some cases, however, the employee may also seek aggravated damages in addition to compensation
Aggravated damages are a specific type of damages that can be awarded in employment tribunal cases where the employer’s conduct has been particularly egregious or oppressive Aggravated damages go beyond compensating the employee for the harm suffered and are intended to punish the employer for their behavior and deter them from engaging in similar conduct in the future.
In order for aggravated damages to be awarded in an employment tribunal case, the employee must demonstrate that the employer’s conduct was not just negligent or careless, but that it was calculated to cause harm or that it was particularly outrageous or malicious This can be a high bar to meet, as employment tribunals tend to take a dim view of employees who seek to inflate their claims with allegations of aggravated damages that are not supported by the evidence.
One common scenario in which aggravated damages may be awarded in an employment tribunal case is where the employer has acted in a discriminatory or harassing manner towards the employee For example, if an employee can demonstrate that they were subjected to sustained and outrageous racial harassment by their employer, they may be able to claim aggravated damages in addition to compensation for the harm suffered.
Another scenario in which aggravated damages may be awarded is where the employer has engaged in a campaign of victimization or bullying against the employee If the employee can show that the employer’s conduct was calculated to cause harm or distress, they may be able to claim aggravated damages on top of compensation.
It is worth noting that aggravated damages are relatively rare in employment tribunal cases, as they require a high level of proof and are typically only awarded in the most extreme cases of employer misconduct aggravated damages employment tribunal. However, when they are awarded, they can significantly increase the amount of compensation that the employee receives.
In addition to proving that the employer’s conduct was particularly egregious, the employee must also demonstrate that they have suffered harm as a result of that conduct in order to be awarded aggravated damages This harm could take the form of emotional distress, loss of reputation, or financial loss, among other things.
In determining the amount of aggravated damages to be awarded, 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 intended to be punitive in nature, so they are typically higher than compensatory damages.
It is important for employees who believe that they may be entitled to aggravated damages in an employment tribunal case to seek legal advice as soon as possible A qualified employment law solicitor will be able to assess the strength of the case and advise on the best course of action to take.
In conclusion, aggravated damages are a type of damages that can be awarded in employment tribunal cases where the employer’s conduct has been particularly egregious or oppressive While they are relatively rare, they can significantly increase the amount of compensation that an employee receives Employees who believe that they may be entitled to aggravated damages should seek legal advice to determine the best way to proceed with their case.