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Employment tribunal update – discretionary financial penalties against employers - our employment lawyers explain


In April 2014 employment tribunals were given powers to award discretionary financial penalties of between £100 and £5,000 against unsuccessful employers in tribunal claims where there were aggravating features in the case. There is no definition of what an aggravating feature is but it is anticipated that an employment tribunal may be more likely to find that the employer’s behaviour in breaching the law has aggravating features where the action is deliberate or committed with malice, the employer is an organisation with a dedicated human resources team; and/or the employer has repeatedly breached the employment right concerned.

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