Understanding Aggravated Damages In Employment Tribunals

When an employee takes their employer to an employment tribunal for a breach of employment law, they may be entitled to claim damages for the harm caused In some cases, the employee may also seek aggravated damages Aggravated damages are different from compensatory damages as they are awarded to compensate the employee for the way in which the employer carried out the wrongful act, rather than the act itself In this article, we will explore what aggravated damages are in the context of employment tribunals and how they are awarded.

Aggravated damages are generally awarded in cases where the employer’s conduct was particularly malicious, oppressive, high-handed or shown a blatant disregard for the employee’s rights This can include situations such as bullying, harassment, discrimination, victimisation, and other forms of mistreatment In these cases, the employee may have suffered not only financial losses but also emotional distress, psychological harm, and damage to their reputation.

One important thing to note is that aggravated damages are not automatically awarded in every case where an employer is found to have breached employment law The employee must prove that the employer’s conduct was exceptionally egregious and that the harm caused goes beyond what would be expected in a normal breach of employment law case.

In order to claim aggravated damages, the employee must specifically plead and provide evidence of the aggravating factors that justify the award This can include witness testimony, emails, text messages, or other forms of evidence that show the employer’s malicious or oppressive conduct The tribunal will then consider the evidence presented and decide whether aggravated damages are warranted in the case.

It is important to note that aggravated damages are awarded in addition to compensatory damages, which are meant to compensate the employee for losses such as loss of wages, benefits, and future earning potential aggravated damages employment tribunal. Aggravated damages, on the other hand, are meant to punish the employer for their egregious conduct and deter them from engaging in similar behavior in the future.

The amount of aggravated damages awarded in an employment tribunal will vary depending on the circumstances of the case Factors that may be taken into account include the severity of the employer’s conduct, the impact it had on the employee, and the employer’s financial resources The tribunal will also consider any mitigating factors that may reduce the amount of aggravated damages awarded.

In some cases, aggravated damages may be substantial, especially if the employer’s conduct was particularly egregious and had a significant impact on the employee’s well-being However, in other cases, the tribunal may decide that only a nominal amount of aggravated damages is warranted, especially if the employer’s conduct was not as severe or the impact on the employee was relatively minor.

It is important for employees considering claiming aggravated damages in an employment tribunal to seek legal advice from an experienced employment law solicitor An experienced solicitor will be able to assess the strength of their case, gather the necessary evidence, and present a compelling argument for why aggravated damages should be awarded.

In conclusion, aggravated damages are an important remedy available to employees who have been mistreated by their employers in breach of employment law They are awarded to compensate the employee for the way in which the employer carried out the wrongful act, rather than the act itself Employees seeking aggravated damages in an employment tribunal should be prepared to provide evidence of the employer’s malicious or oppressive conduct and seek legal advice to maximize their chances of success.