When it comes to disputes between employees and employers that end up in an employment tribunal, the possibility of claiming damages is always at the forefront of both parties’ minds While compensatory damages are commonly awarded to make up for financial losses, there is another type of damages that can be sought in certain cases – aggravated damages In this article, we will delve into what aggravated damages are, how they differ from compensatory damages, and when they might be awarded in an employment tribunal proceeding.
Aggravated damages are a form of damages awarded in addition to compensatory damages They are meant to compensate a claimant for the distress, humiliation, or injury to feelings caused by the defendant’s conduct Unlike compensatory damages, which aim to put the claimant in the position they would have been in had the wrong not been committed, aggravated damages are more about compensating for the emotional harm suffered as a result of the defendant’s conduct.
In the context of an employment tribunal proceeding, aggravated damages may be awarded in cases where the employer’s conduct has been particularly egregious This could be in the form of harassment, discrimination, victimisation, or any other type of mistreatment that goes beyond mere negligence or incompetence For example, if an employer has subjected an employee to severe and persistent bullying, leading to psychological harm, aggravated damages may be sought to compensate for the emotional distress caused.
One key difference between compensatory and aggravated damages is the basis on which they are awarded While compensatory damages are calculated based on the financial losses suffered by the claimant, aggravated damages are more subjective and based on the level of harm caused by the defendant’s conduct As a result, the amount awarded as aggravated damages can vary significantly from case to case, depending on the severity of the conduct and its impact on the claimant.
In order to seek aggravated damages in an employment tribunal proceeding, the claimant must provide evidence to show that the defendant’s conduct was not only wrongful but also had a significant impact on their emotional well-being aggravated damages employment tribunal. This could be in the form of medical reports, witness testimonies, or any other relevant evidence that demonstrates the harm caused by the defendant’s actions It is important for the claimant to clearly outline how the conduct has affected them and why they believe aggravated damages are warranted in their case.
One important consideration for employment tribunals when deciding whether to award aggravated damages is the employer’s conduct after the wrongdoing has occurred If the employer has taken steps to rectify the situation, show genuine remorse, and offer a sincere apology, this may weigh in their favour and mitigate the need for aggravated damages On the other hand, if the employer has shown no remorse, failed to address the issue, or even retaliated against the claimant for bringing the claim, this could increase the likelihood of aggravated damages being awarded.
It is also worth noting that aggravated damages are not awarded lightly by employment tribunals In order to justify such an award, the claimant must demonstrate that the defendant’s conduct was not only wrongful but also malicious, oppressive, or high-handed This high threshold is in place to ensure that aggravated damages are reserved for cases where the defendant’s behaviour is particularly egregious and harmful to the claimant.
In conclusion, aggravated damages can be a powerful tool for claimants in an employment tribunal proceeding to seek compensation for the emotional harm caused by the defendant’s conduct While they are not awarded as frequently as compensatory damages, they can be a valuable form of redress for those who have suffered significant emotional distress as a result of their employer’s actions By understanding the criteria for seeking aggravated damages and providing compelling evidence to support their claim, claimants can increase their chances of success in obtaining this additional form of compensation in an employment tribunal proceeding.