When an employee takes their employer to an employment tribunal for unfair dismissal, discrimination, or any other employment-related claim, they may be entitled to receive various types of compensation One type of compensation that may be awarded in certain cases is aggravated damages These damages are meant to compensate the employee for any additional harm or distress caused by the employer’s behavior during the course of their employment.
In this article, we will explore what aggravated damages are, how they differ from other types of compensation, and when they may be awarded in employment tribunal cases.
What Are Aggravated Damages?
Aggravated damages are a type of compensation that can be awarded in addition to any other damages that an employee may receive in an employment tribunal case Unlike other types of damages that are meant to compensate the employee for specific financial losses, aggravated damages are intended to compensate the employee for any additional harm or distress caused by their employer’s behavior This can include factors such as humiliation, hurt feelings, and other emotional distress.
Aggravated damages are typically awarded when the employee can show that their employer’s conduct was particularly egregious or that they acted in a manner that was calculated to cause harm or distress This could include, for example, cases where an employer engages in bullying, harassment, discrimination, or retaliation against an employee who has raised a legitimate grievance or complaint.
How Do Aggravated Damages Differ from Other Types of Compensation?
In employment tribunal cases, employees may be entitled to receive several types of compensation, including:
1 Basic award: This is a statutory payment based on the employee’s age, length of service, and weekly pay It is meant to compensate the employee for the financial loss of losing their job.
2 Compensatory award: This is a payment meant to compensate the employee for any financial losses they have suffered as a result of their employer’s actions, such as loss of earnings, benefits, or pension rights.
3 Injury to feelings: This is a payment meant to compensate the employee for any emotional distress or humiliation caused by their employer’s actions, particularly in cases of discrimination or harassment.
Aggravated damages differ from these other types of compensation in that they are not meant to compensate the employee for any specific financial losses Instead, they are meant to compensate the employee for the additional harm or distress caused by their employer’s behavior aggravated damages employment tribunal. This can include factors such as the employer’s motive, their conduct during the course of the employment, and the impact of their behavior on the employee’s emotional well-being.
When Are Aggravated Damages Awarded in Employment Tribunal Cases?
Aggravated damages are not automatically awarded in every employment tribunal case Instead, they are typically only awarded in cases where the employee can show that their employer’s conduct was particularly egregious or that it caused significant harm or distress Some common examples of when aggravated damages may be awarded include:
1 Cases of discrimination: If an employee can show that they were discriminated against by their employer and that this discrimination caused them significant emotional distress, aggravated damages may be awarded.
2 Cases of harassment: If an employee can show that they were harassed by their employer and that this harassment caused them significant emotional distress, aggravated damages may be awarded.
3 Cases of retaliation: If an employee can show that they were retaliated against by their employer for raising a legitimate grievance or complaint and that this retaliation caused them significant emotional distress, aggravated damages may be awarded.
In order to succeed in claiming aggravated damages, the employee will need to provide evidence of the employer’s conduct and the impact it had on their emotional well-being This could include witness statements, emails or other documents, and any relevant medical evidence.
In conclusion, aggravated damages are a type of compensation that can be awarded in certain employment tribunal cases to compensate the employee for any additional harm or distress caused by their employer’s behavior These damages differ from other types of compensation in that they are not meant to compensate the employee for specific financial losses, but for emotional distress Employees who believe they may be entitled to aggravated damages should seek legal advice to understand their rights and options in pursuing their claim.