Aggravated damages: what you need to know

Curious about aggravated damages and whether your Tribunal claim might qualify for this type of compensation? You’ll find everything you need to know in this guide.

What does ‘aggravated damages’ mean?

Aggravated damages is a type of compensation that an Employment Tribunal might award to a claimant after a successful discrimination or whistleblowing case in England or Wales. 

In Scotland, aggravated damages is not a separate award category. Any factors that would qualify for aggravated damages in England and Wales are taken into account in the claimant’s injury to feelings compensation.

An aggravated damages award is designed to compensate the claimant for additional injury caused by the employer’s conduct. It only applies where the employer’s conduct has been particularly severe.

The threshold for this type of compensation is high, which makes an award of aggravated damages relatively rare in Employment Tribunals.

How is an aggravated damages award calculated?

There's no fixed formula for calculating aggravated damages. However, judges usually award a sum of between £2,000 and £10,000. 

Although there is no maximum value, the award for aggravated damages is typically lower than injury to feelings compensation. It’s designed to compensate the claimant, rather than to punish the employer.

Aggravated damages can be awarded at the Tribunal’s discretion when the employer has behaved in a “high-handed, malicious, insulting or oppressive manner”. 

The behaviour in question might relate to oppressive conduct from the employer after the claimant’s employment was terminated. It might also relate to the way the employer handles or defends their case at the Employment Tribunal.

Examples of aggravated damages calculations

Let’s take a closer look at how basic award calculations work with some sample claims and calculations. 

Example 1: Reuben’s discrimination case

Reuben, a security guard, was awarded £10,000 of injury to feelings following racial discrimination. 

His employer lied about the reasons for Reuben’s dismissal and unfairly blamed him for a client’s complaints. Reuben’s employer also denied him access to his pay and then lied about it. 

Reuben was awarded £5,000 for aggravated damages to compensate for the damage caused by his employer’s behaviour. 

His case is referenced in paragraph 15 of the Remedy Judgment in Mr M Baah v Ballymore Asset Management Ltd, another race discrimination case.

Example 2: Nova’s discrimination case

Nova, a care assistant, was awarded injury to feelings compensation of £11,000 following a discriminatory disciplinary process. 

Her employer’s responses to reference requests prevented Nova from gaining new employment. As a result, Nova was awarded aggravated damages of £5,000. 

Nova’s case is referenced in paragraph 17 of the Remedy Judgment in Mr M Baah v Ballymore Asset Management Ltd.

Example 3: Hallie’s discrimination case 

Hallie was awarded injury to feelings compensation of £18,000, after experiencing race discrimination. 

The reaction of middle and senior management to her colleague’s racist behavior caused Hallie even more damage. As a result, she was awarded aggravated damages of £10,000. 

Hallie’s case is referenced in paragraph 21 of the Remedy Judgment Mr M Baah v Ballymore Asset Management Ltd. 

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