The Secretary of State for Business and Trade and Bishop Challoner School (in voluntary liquidation)

Case Summary

The claimant, a teacher employed by Bishop Challoner School, claimed arrears of pay relating to an agreed voluntary redundancy. The second respondent failed to respond to the tribunal's re-served claim despite being given an extension. The tribunal made a determination under Rule 22(2) on the available material and found the second respondent owed £2,806.45 as agreed redundancy payment for the period 5 July 2025 to 31 August 2025.

The tribunal found on the available material that the second respondent had agreed in writing to pay the claimant his normal salary and benefits until 31 August 2025 in connection with his voluntary redundancy termination, but failed to make payment after 5 July 2025, thereby owing the claimant £2,806.45.

• •Non-payment of agreed redundancy payment
• •Failure of second respondent to respond to tribunal proceedings
• •Determination under Rule 22(2) of ET Rules on available material

1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr G Mosconi Respondents: (1) The Secretary of State for Business and Trade (2) Bishop Challoner School (in voluntary liquidation) 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 2 nd 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 …