Help - resignation, potential constructive dismissal

Rebecca_Weatherburn wrote: »

Hi all,

Hoping I may get some advice, this may be a long post as it involves text messages.

My partner texted his boss last Sunday night to inform him in advance that he was suffering heat stroke and therefore unlikely that he would be in work on Monday. To which his boss responded in a very unprofessional manner (clearly not happy at the situation). So basically over night my partner was extremely stressed at the thought of missing work due to the repercussions, guilty that he wouldn't be in and also anxious if he did go in to work whilst ill.

So the initial text exchange was as follows:

From my partner
Evening dude, I'm not going to make it in to work tomorrow. I have overdone it sorting the garden and I think I have heat stroke, feeling really nauseous. I am happy to work off my stupidity.

Response from his boss
Great, thanks. I'll just f*****g work all night tomorrow then because you cant be arsed to come to work tomorrow. Standard. The old Al is slowly creeping back. Its not acceptable at all.

Next text from his boss straight away
Dont even bother replying

Now his reference to the "old Al" is because last year my partner had a few sick days last year, nothing excessive just a couple of odd days and one bout of flu that wiped him out for about 2 weeks.

I find his responses completely unprofessional and borderline bullying. My partner did respond to the message as follows (bear in mind that his boss will rarely talk to him at work about issues anyway, unless it is !!!!!ing about other staff):

How can I not respond to that message but what the hell can I reply to that message... We need to talk about this when I get back. As for now I am back of to bed, if I make a miraculous recovery overnight I will let you know.

The response from his boss was as follows:
Talking with you is pointless, you just go back to your old ways of letting VRS down by not turning up because you've been on a bender. Its a bull***t excuse and you know it. Im sick of it happening and I dont care what you think. I've bent over backwards to help you and reward you over the past few months. Your job is to come to work and work. "Overdoing it in the garden" is a f*****g bull***t excuse and you know it...Like your tattoo and all the other ones you have pulled on VRS. I suggest you sort your !!!! out and get yourself to workin the morning ready to do 8 hours of hard graft. If not we will be having a chat but it will be ME thats doing the talking!

So basically following all this he didnt respond to that message, no point in getting in to text wars and after a long discussion between us my other half sent a message the following morning saying that he was resigning with immediate effect and would be over the following evening to start sorting his toolbox out and asked his boss to remove all of his own tools from my partners toolbox (his boss was working out of my partners toolbox and using his tools). Also told him that a formal resignation letter would follow by email.

So now we are looking at putting the resignation letter together and to be honest his boss' behaviour and attitude towards him and the other workers (most of which have left, my partner is the longest serving at about 3 years) is just not acceptable and that is the reason why he feels like he cannot return to work for him....

So after the mammoth story, do you think there is a starting point for looking in to constructive dismissal?

p.s. I have edited out the swear words...