Mrs H Kinch v Compassion in World Farming International STRIKE OUT The claimant’s complaint of unfair dismissal is struck out pursuant to — 2023

The claimant resigned on 30 August 2022 and the respondent accepted the resignation on 31 August 2022. The claimant then worked a three-month notice period from home and twice requested extensions, which the respondent granted, extending the notice period to February 2023 and then to 28 April 2023.

The respondent applied to strike out the claim on the basis that the claimant could not show constructive dismissal. The tribunal referred to the claimant continuing to work and be paid, seeking further performance of the contract, pursuing a grievance about flexible working after resignation, and securing two notice extensions.

The tribunal was satisfied that the claimant had waited too long and had affirmed the employment contract by seeking and obtaining the benefit of extended contractual notice. It concluded that the constructive dismissal complaint was doomed to fail and struck out the unfair dismissal complaint because it had no reasonable prospect of success.