In employment tribunal cases, where an employee has suffered mistreatment or discrimination at the hands of their employer, they may be entitled to seek compensation for not only the financial losses incurred but also for any emotional distress caused by the employer’s actions One form of compensation that may be awarded in such cases is aggravated damages In this article, we will explore what aggravated damages are, how they differ from other forms of compensation, and how they are awarded in employment tribunal cases.
Aggravated damages are a form of compensation that can be awarded in addition to any other damages that may be awarded by a tribunal Unlike other forms of compensation, which are intended to compensate the claimant for the financial losses they have suffered as a result of their employer’s actions, aggravated damages are awarded to compensate the claimant for the emotional distress and harm caused by the employer’s conduct This can include humiliation, hurt feelings, anxiety, and distress caused by the employer’s behaviour.
Aggravated damages are typically awarded in cases where the employer’s conduct has been particularly egregious or where the employer has acted in a manner that is oppressive, arbitrary, or high-handed This could include cases where the employer has acted with malice or ill-will towards the employee, where the employer has acted in breach of the employee’s human rights, or where the employer has engaged in conduct that is designed to punish or humiliate the employee.
It is important to note that aggravated damages are not awarded in every employment tribunal case In order for aggravated damages to be awarded, the employee must be able to demonstrate that they have suffered emotional distress as a result of their employer’s conduct and that this distress goes beyond what would normally be expected in the circumstances The employee must also be able to show that their employer’s conduct was particularly egregious or oppressive.
One of the key differences between aggravated damages and other forms of compensation is that aggravated damages are intended to punish the employer for their conduct, rather than to compensate the employee for their losses aggravated damages employment tribunal. This means that the amount of aggravated damages awarded is typically higher than the amount of compensation awarded for financial losses.
In order to claim aggravated damages in an employment tribunal case, the employee must include a claim for aggravated damages in their initial claim form This claim should set out the basis for the claim for aggravated damages, including details of the employer’s conduct and the emotional distress suffered by the employee as a result The claim should also set out the amount of aggravated damages being sought by the employee.
If the tribunal finds in favour of the employee and awards aggravated damages, the amount of damages awarded will depend on the specific circumstances of the case The tribunal will consider factors such as the severity of the employer’s conduct, the impact of that conduct on the employee, and any mitigating factors that may reduce the amount of damages awarded.
It is important to note that the decision to award aggravated damages is at the discretion of the tribunal and will depend on the specific facts of the case In some cases, the tribunal may find that aggravated damages are not warranted, even if the employee has suffered emotional distress as a result of their employer’s conduct.
In conclusion, aggravated damages are a form of compensation that can be awarded in addition to other damages in employment tribunal cases where the employee has suffered emotional distress as a result of their employer’s conduct These damages are intended to punish the employer for their behaviour and compensate the employee for the emotional harm caused It is important for employees seeking aggravated damages to clearly set out the basis for their claim and to provide evidence of the emotional distress suffered.