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Aggravated damages: Aggravated damages award based on employer's conduct of defence

This report relates to 1 case(s)

In Zaiwalla & Co and another v Walia [2002] IRLR 697 the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee. The EAT emphasises, however, that this is an exceptional case, and that its decision should not be taken as a "green light" for complainants to claim aggravated damages in respect of alleged misconduct in the defence of proceedings as a matter of course.