Mr G Mosconi v The Secretary of State for Business and Trade and Bishop Challoner School (in voluntary liquidation): 2309355/2025
JUDGMENT
Employment Tribunal Procedure Rules 2024 – Rule 22[1]The Claimant worked for the Second Respondent as a Teacher from 1 September 2024 until 4 July 2025.[2]After a period of ACAS Early Conciliation that began on 5 August 2025 and ended on 6 August 2025, the Claimant presented his claim to the London South Employment Tribunal by a Claim Form dated 19 August 2025.[3]That Claim Form identified the Second Respondent as a respondent.[4]The Tribunal served Notice of Claim on the Second Respondent on 20 August 2025 at the school address of 228 Bromley Road, Shortlands, BR2 0BS. The Tribunal is not satisfied that the Second Respondent would have received that Notice, given the Second Respondent’s registered address had, by that time, changed to “C/O Frp Advisory Trading Limited 2nd Floor 110 Cannon Street London EC4N 6EU”.[5]The Tribunal served Notice of Claim on the First Respondent on 29 January 2026. The First Respondent presented its Response and Grounds of Resistance on 10 February 2026. The First Respondent’s Grounds of Resistance record that the First Respondent has been unable to verify the Claimant’s claim for arrears of pay, and therefore that that claim had been rejected by it.[6]The Second Respondent presented a valid response to the claim on time on the expiry of the time limit in Rule 17 of the Employment Tribunal Procedure Rules 2024 (the ET Rules).[7]On 18 February 2026, the Tribunal re-sent the Notice of Claim to the Second Respondent at its registered address. That notice gave a deadline for the Second Respondent to respond to the Claim by 19 March 2026. No Response was received from the Second Respondent by that date.[8]The Claimant provided to the Tribunal a copy of a letter dated 1 April 2025 apparently from the Second Respondent, pursuant to which the Second 1 of 2 Case Number: 2309355/2025 Respondent recorded the terms agreed between it and the Claimant for the termination of his employment on 31 August 2025 on the ground of redundancy. That letter recorded that the Claimant was to be paid his normal salary and benefits until 31 August 2025. The Claimant has informed the Tribunal that he was paid no further sums after 5 July 2025, and therefore that he is owed £2,806.45.[9]The Employment Judge has decided that, pursuant to Rule 22(2) of the ET Rules, a determination can properly be made of the claim, or part of it, against the Second Respondent on the available material, and finds that the Second Respondent did not pay the Claimant for the period 5 July 2025 to 31 August 2025, as it agreed to do in connection with the termination of his employment. The Second Respondent therefore owes the Claimant the sum of £2,806.45 by way of a voluntary redundancy payment.[10]The Second Respondent must pay to the Claimant the sum of £2,806.45 gross, by way of voluntary redundancy payment.[11]The Claimant must account to HMRC for any sums owed by him in respect of any payment received by him pursuant to this judgment. Approved by: