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Aggravated damages
[ch 18: page 130]Tribunals can award aggravated damages for behaviour that is exceptionally upsetting, vindictive or unthinking. Actions following the initial discrimination, such as a failure to apologise, can lead to this type of award. Although intended to reflect exceptionally upsetting behaviour, aggravated damages are meant to compensate the victim, not punish the offender (Bungay v Saini and others [2011] UKEAT 0331/10/2709).