Mrs S A Williams-Miller v Intrum UK Ltd: 2407201/2024
JUDGMENT
[1]The claim was presented in the Employment Tribunal on 12 November 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 22 of the Employment Tribunal Rules of Procedure 2024.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £5532.00 (based on 12 weeks’ notice and a net weekly wage of £461.00).[3]The claimant was unfairly dismissed by reason of redundancy and is entitled to a basic award / statutory redundancy payment of £9321.00 based on a gross weekly wage of £582, an age factor of 1 and 16 years’ service at the time of dismissal. She makes no claim for a compensatory award.[4]The claimant was entitled to contractual redundancy pay. This sum was outstanding at the termination of the claimant’s employment. The respondent must pay to the claimant the sum of £18624.00 (2 x gross weekly wage of £582 x 16 years service)[5]The respondent must pay the claimant £33468.00 in total.[6]The hearing listed on 1 July 2025 is cancelled. 2 Approved by: Employment Judge Barker 11 June 2025[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide- t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case Number: 2407201/2024 EMPLOYMENT TRIBUNALS Claimant: Mrs S A Williams Miller Respondent: Intrum UK Limited UPON APPLICATION made by letters dated 8 July 2025 and 9 July 2025 to reconsider the judgment dated 11 June 2025 under rule 69 of the Employment Tribunal Procedure Rules 2024, and without a hearing, The judgment dated 11 June 2025 is revoked.[2]The respondent applied for an extension of time to submit its response. That extension of time is granted. The response is accepted.[4]There will be a final hearing on a date to be notified to the parties in due course to decide the claims. This will have a time estimate of two days.REASONS
[1]By a claim form lodged at the Tribunal on 12 November 2024, the claimant brings claims of unfair dismissal, breach of contract and redundancy payment.[2]The parties had engaged in ACAS Early Conciliation from 9 September 2024 until 21 October 2024.[3]The respondent was provided with a “Notice of Claim and Notice of Hearing” letter from the Tribunal dated 7 December 2024, which indicated that they had until 4 January 2025 to file a response to the claim.[4]No response was received by that date. The claimant was asked for further information about the sums sought by her for each of the heads of claim, which she provided, and a judgment dated 11 June 2025 made under Rule 22 Employment Tribunal Procedure Rules 2024 was sent to the parties on 25 June 2025. Case Number: 2407201/2024[5]The claimant was awarded £33468.00 for unfair dismissal by reason of redundancy and for contractual redundancy pay and notice pay.[6]The respondent wrote to the Tribunal and the claimant on 8 and 9 July 2025, indicating that the judgment had been received by the respondent and that this was the first indication that they had that a claim had been issued by the claimant.[7]The respondent applied for an extension of time to submit a response, and a reconsideration of the judgment of 11 June 2025.[8]The respondent’s reasons for doing so were that they were unaware of the claim until 8 July 2025 and took action the same day to instruct solicitors and obtain a copy of the ET1. The letter of 9 July 2025 provided details as to why the respondent considered it in the interests of justice to revoke the judgment and allow a response to be submitted, including that the claimant resigned and was not dismissed from her employment, and was not therefore made redundant (nor entitled to contractual redundancy pay).[9]The respondent asserted that it is therefore not in the interests of justice for the judgment to stand and for the respondent to be denied the opportunity to defend the claim.[10]The claimant resisted the respondent’s application, noting that all documentation sent by the Tribunal, including the notice of claim and the judgment were sent to the same address and so it was inexplicable why only the judgment had been responded to. She noted that she would suffer delay and prejudice if the judgment was revoked, having received a judgment on both liability and remedy.[11]The ET3 was submitted on 29 July 2025.[12]In accordance with the guidance to Tribunals in Kwik Save Stores Ltd v Swain and ors 1997 ICR 49, EAT, whether or not to extend time to allow a claim to be presented late is a matter of discretion to be exercised by reference to the overriding objective in rule 3 of the ET Procedure Rules, which is to deal with cases fairly and justly. It also requires the Tribunal taking into account all the relevant factors, which will always include the explanation as to why more time is needed, the merits of the defence and the balance of prejudice.[13]Considering these factors, I have revoked the judgment and allowed the extension of time. If the respondent is correct and the claimant resigned on short notice because she had found alternative employment, and the respondent attempted to find an agreed solution to the contested issue of an office move, the claim for a contractual redundancy payment may not be viable. The respondent says the office move falls within the scope of a contractual mobility clause. Furthermore, it may be that even if the claimant has been constructively dismissed, the respondent’s actions may fall within the range of reasonable responses. Case Number: 2407201/2024[14]The judgment is for a large sum of money in the circumstances. The defence suggests that the respondent attempted to find a solution to the claimant’s difficulties with a commute to Manchester, but she found an alternative job and resigned. The balance of prejudice is in favour of allowing that defence to be before the Tribunal, to avoid the danger of a windfall in favour of the claimant. This is in the interests of justice even when the inevitable delay to the conclusion of the proceedings is taken into account.[15]The parties will be contacted by the Tribunal in due course with a notice of a two-day final hearing, and case management orders to prepare for the same. Date 19 November 2025 Approved by