New penalties for tribunal claims with aggravating features

18 May 2014
New penalties for tribunal claims with aggravating features

For tribunal claims presented on or after 6 April 2014, penalties can be applied where the claim has an aggravating feature.

A fee of between 100 - 5,000 (up to 50% of tribunal award) would be paid to government but reduced by 50% if it were paid within 21 days.

What constitutes an aggravating feature is not defined by legislation, but may include, for example, negligence or malice.

Factors which the tribunal may consider when looking at aggravating factors include the size of the employer, the behaviour of employee and employer and the length of the breach. It may also consider whether the breach was intentional or malicious, whether the employer had an HR team and whether the breach was repeated.

For further information, see the employment tribunals section of HRBird.

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