When it comes to employment tribunal cases, there are various types of compensation that can be awarded to employees who have suffered from unfair treatment in the workplace One type of compensation that may be awarded in certain cases is called aggravated damages Aggravated damages are different from other types of compensation as they are awarded to employees who have suffered from humiliation, indignity, or hurt feelings as a result of their employer’s actions.
In this article, we will take a closer look at what aggravated damages are and how they are awarded in employment tribunal cases.
What Are Aggravated Damages?
Aggravated damages are a type of compensation that is awarded on top of other types of compensation, such as compensation for loss of earnings or injury to feelings They are awarded to employees who have suffered from particularly serious or distressing actions by their employer Aggravated damages are intended to compensate the employee for any humiliation, indignity, or hurt feelings that they have suffered as a result of their employer’s actions.
It is important to note that aggravated damages are not awarded in every employment tribunal case They are only awarded in cases where the employee has been subjected to particularly severe mistreatment or where the employer’s actions have caused the employee to suffer significant emotional distress.
How Are Aggravated Damages Awarded?
In order to be awarded aggravated damages, the employee must be able to prove that their employer’s actions were particularly offensive or egregious This can be difficult to prove, as employment tribunal cases often boil down to a matter of he-said-she-said However, if the employee is able to provide evidence that shows that their employer’s actions were deliberately malicious, oppressive, or high-handed, they may be awarded aggravated damages.
When awarding aggravated damages, the employment tribunal will take into account the severity of the employer’s actions, the impact that these actions had on the employee, and any efforts that the employer made to rectify the situation The amount of aggravated damages awarded will vary depending on the circumstances of the case, but they are typically awarded in addition to other types of compensation.
It is important to note that aggravated damages are not awarded automatically in every case where an employee has been mistreated by their employer aggravated damages employment tribunal. The employee must be able to provide strong evidence to support their claim for aggravated damages, and the tribunal will only award them if they are satisfied that the employee has suffered significant emotional distress as a result of their employer’s actions.
Examples of Cases Where Aggravated Damages Were Awarded
There have been several high-profile cases where employees have been awarded aggravated damages in employment tribunal cases One such case involved a retail worker who was subjected to repeated harassment and discriminatory treatment by their employer The employee was awarded aggravated damages in addition to compensation for loss of earnings and injury to feelings, as the tribunal found that the employer’s actions had caused the employee significant emotional distress.
In another case, a university lecturer was awarded aggravated damages after their employer failed to properly investigate allegations of bullying and harassment made against them The tribunal found that the employer’s actions had caused the lecturer to suffer humiliation and hurt feelings, and awarded them aggravated damages as a result.
In both of these cases, the employees were able to provide strong evidence to support their claims for aggravated damages, and the tribunal was satisfied that the employees had suffered significant emotional distress as a result of their employer’s actions.
Conclusion
Aggravated damages are a type of compensation that can be awarded to employees who have suffered from particularly serious or distressing actions by their employer They are intended to compensate the employee for any humiliation, indignity, or hurt feelings that they have suffered as a result of their employer’s actions.
While aggravated damages are not awarded in every employment tribunal case, employees who have been subjected to severe mistreatment by their employers may be able to claim them By providing strong evidence to support their claims and demonstrating that they have suffered significant emotional distress, employees may be able to secure aggravated damages in addition to other types of compensation.
Understanding the circumstances under which aggravated damages are awarded and how they are calculated is essential for employees who are considering taking their employer to an employment tribunal By seeking legal advice and building a strong case, employees may be able to secure the compensation they deserve for the emotional distress they have suffered.