When it comes to employment tribunal cases, there are various types of damages that can be awarded to the claimant One such type is aggravated damages, which are designed to compensate the claimant for any additional harm or distress caused by the defendant’s conduct In this article, we will discuss what aggravated damages are, how they are awarded in employment tribunal cases, and what factors are taken into consideration when calculating the amount.
Aggravated damages are different from compensatory damages in that they are not designed to compensate the claimant for any financial losses suffered as a result of the defendant’s actions Instead, aggravated damages are awarded to compensate the claimant for any additional harm or distress caused by the defendant’s conduct This can include factors such as humiliation, hurt feelings, and loss of dignity.
In employment tribunal cases, aggravated damages are typically awarded in situations where the employer has acted in a particularly malicious or oppressive manner This could include cases of discrimination, harassment, or victimisation, where the employer’s conduct has exacerbated the harm suffered by the claimant.
When determining whether aggravated damages should be awarded in a particular case, the employment tribunal will consider a number of factors These can include the nature and severity of the conduct, the impact it has had on the claimant, and the employer’s conduct throughout the proceedings.
For example, if an employee has been subjected to sustained and prolonged harassment by their employer, and the employer has failed to take any steps to address the issue, this could be seen as aggravating factors that warrant the awarding of aggravated damages.
In addition to the nature of the conduct, the employment tribunal will also consider the impact it has had on the claimant aggravated damages employment tribunal. This can include factors such as the claimant’s emotional distress, any physical harm suffered, and any financial losses incurred as a result of the employer’s actions.
The employment tribunal will also take into account the employer’s conduct throughout the proceedings If the employer has acted in a particularly obstructive or uncooperative manner, this could be seen as aggravating the harm suffered by the claimant and warranting the awarding of aggravated damages.
It is important to note that aggravated damages are not awarded in every employment tribunal case The threshold for awarding aggravated damages is high, and they are typically only awarded in cases where the employer’s conduct has been particularly egregious.
When calculating the amount of aggravated damages to be awarded, the employment tribunal will take into account a number of factors These can include the seriousness of the conduct, the impact it has had on the claimant, and any mitigating factors put forward by the employer.
In some cases, the employment tribunal may also take into account any previous awards of aggravated damages in similar cases, in order to ensure consistency in the awards made.
In conclusion, aggravated damages are an important tool in employment tribunal cases for compensating claimants for any additional harm or distress caused by the defendant’s conduct They are typically awarded in cases where the employer has acted in a particularly malicious or oppressive manner, and can take into account a number of factors when determining the amount to be awarded While the threshold for awarding aggravated damages is high, they can provide important compensation for claimants who have suffered as a result of their employer’s actions.