Employment tribunals are set up to resolve disputes between employers and employees in a fair and impartial manner When it comes to compensation awards, tribunals have the authority to award damages to employees who have been wronged by their employers In some cases, tribunals may also award aggravated damages, which are intended to compensate employees for conduct by their employers that has caused them distress beyond what is typically experienced in a standard unfair dismissal case.
Aggravated damages are different from compensatory or punitive damages; they are intended to compensate the employee for their hurt feelings, humiliation, or distress as a result of the employer’s behavior They are typically awarded in cases where the employer has acted in a particularly malicious, high-handed, insulting, or oppressive manner In other words, aggravated damages are awarded when the employer’s conduct goes above and beyond what is considered acceptable under employment law.
There are several factors that tribunals consider when deciding whether to award aggravated damages These include the severity of the employer’s conduct, the impact of that conduct on the employee, the duration of the misconduct, and whether the employer has shown any remorse or taken steps to rectify the situation In order to prove that aggravated damages are warranted, the employee must provide evidence that clearly demonstrates the employer’s improper conduct and the harm it caused.
One important consideration in determining whether aggravated damages are appropriate is the nature of the relationship between the employer and the employee For example, if the employer and employee have a long-standing and trusting relationship, aggravating factors may be more likely to be present if the employer’s conduct is particularly egregious Similarly, aggravating factors may be more likely to be present if the employee is particularly vulnerable or if the employer occupies a position of power over the employee.
It’s also worth noting that aggravated damages are not intended to punish the employer; rather, they are intended to compensate the employee for the harm they have suffered as a result of the employer’s conduct As a result, the amount of aggravated damages awarded is typically based on the severity of the harm suffered by the employee, rather than the employer’s ability to pay.
In one case that illustrates the potential for aggravated damages to be awarded in an employment tribunal case, a tribunal found that an employer had acted in a high-handed and oppressive manner towards an employee aggravated damages employment tribunal. The employer had subjected the employee to a campaign of bullying and harassment, which had a detrimental impact on the employee’s mental health and well-being The tribunal awarded the employee £10,000 in aggravated damages, in addition to other compensation for loss of earnings and injury to feelings.
In another case, an employee was dismissed by their employer following a period of sickness absence The employee alleged that their dismissal was unfair and in breach of their employment rights The tribunal found that the employer had failed to follow proper procedures and had acted in a harsh and oppressive manner towards the employee As a result, the tribunal awarded the employee £5,000 in aggravated damages, in addition to compensation for loss of earnings and other losses.
Overall, aggravated damages are an important tool that employment tribunals can use to compensate employees who have been wronged by their employers They provide a way for employees to seek redress for the harm they have suffered as a result of improper conduct by their employers By understanding when and how aggravated damages can be awarded, employees can better protect their rights and seek the compensation they deserve in cases where their employers have acted improperly.
In conclusion, aggravated damages in employment tribunal cases are intended to compensate employees for the hurt feelings, humiliation, or distress caused by their employer’s improper conduct Tribunals consider a range of factors when deciding whether to award aggravated damages, including the severity of the conduct, the impact on the employee, and the nature of the relationship between the parties By understanding how and when aggravated damages can be awarded, employees can seek the compensation they deserve in cases where their employers have acted improperly.