Aggravated damages in employment tribunal cases are awarded in instances where the employer’s conduct is deemed to be particularly egregious or malicious These damages are separate from compensatory or punitive damages and are intended to compensate the employee for the distress and harm caused by the employer’s behavior In this article, we will delve deeper into what aggravated damages are, when they may be awarded, and how they are calculated.
In employment tribunal cases, employees may seek compensation for a variety of claims, including unfair dismissal, discrimination, harassment, or victimization If the employee can prove that their employer’s conduct was not only wrongful but also carried an element of malice, hostility, or aggravation, the tribunal may award aggravated damages on top of other compensation.
One of the key factors in determining whether aggravated damages are warranted is the employer’s conduct For example, if an employer has acted in a manner that is calculated to harm the employee’s reputation, or if they have engaged in bullying, harassment, or victimization, the tribunal may be more likely to award aggravated damages The tribunal will consider the severity and impact of the employer’s conduct on the employee when deciding whether to award aggravated damages.
It is important to note that aggravated damages are not intended to punish the employer; rather, they are meant to compensate the employee for the injury to their feelings and dignity caused by the employer’s conduct In some cases, the tribunal may also consider the employer’s conduct after the employee has raised a complaint or filed a claim If the employer has failed to apologize or take steps to rectify the situation, this may increase the likelihood of aggravated damages being awarded.
The calculation of aggravated damages in employment tribunal cases can be complex and will vary depending on the circumstances of each case The tribunal will consider factors such as the nature and severity of the employer’s conduct, the impact on the employee, and any aggravating factors such as the employer’s failure to apologize or make amends.
In a landmark case in 2001, Dunnachie v Kingston upon Hull City Council, the House of Lords set out the principles for awarding aggravated damages in employment tribunal cases aggravated damages employment tribunal. The House of Lords held that aggravated damages are not available for every breach of an employer’s obligations, and that there must be an element of conduct on the part of the employer that amounts to a separate actionable wrong This conduct must be sufficiently serious so as to merit an award of aggravated damages.
In Dunnachie, the House of Lords also confirmed that aggravated damages are compensatory in nature and are not intended to punish the employer The purpose of aggravated damages is to compensate the employee for the additional injury to their feelings and dignity caused by the employer’s conduct.
It is also worth noting that aggravated damages are separate from compensatory damages, which are awarded to compensate the employee for financial losses such as loss of earnings or benefits Aggravated damages are intended to compensate the employee for the non-financial harm caused by the employer’s conduct, such as hurt feelings, distress, or loss of dignity.
In conclusion, aggravated damages in employment tribunal cases are awarded in instances where the employer’s conduct is particularly egregious or malicious These damages are intended to compensate the employee for the harm caused by the employer’s behavior and are separate from compensatory or punitive damages The calculation of aggravated damages is complex and will vary depending on the circumstances of each case Employers should be aware that they may be liable for aggravated damages if their conduct is found to be egregious or malicious in an employment tribunal case.