Do I have to work my 1 weeks notice to quit?

[amib]

Hi all.

I have worked in a card shop since June 2008. I work 16 hours over 2 days.
A couple of weeks ago I broke a rib. I phoned work and told my new manager that I had to go to the docs and was in pain. She got very pi**ed off, and told me she'd need a doctors note. I informed her that I didnt need one until i was off for 1 week. TO this she said she wanted to see one anyway as I'd had so much time off (last year just before christmas I had a bout of stomach bugs as did my family and I missed quite a few days).
I tried to return to work, but left early as i was just in too much pain. Whilst I was at work, all the rest of the staff were off with me. I went to the docs and got a sick note for the following week.
Now I want to leave as they've just made me feel so uncomfortable and like I've done something wrong.
I was getting quite unhappy anyway, as my manager says things like she doesnt like employing mums (i have 2 kids) as we need so much time off because of them and because we cant be flexible with our working hours. She also said that when anyone leaves she will make sure whoever she employs next will not be a mum. When I told her that was discrimination, she told me she doesnt care - she can do what she likes. On another occasion - when asking me and a co-worker to change our days - I told her I couldnt change my childcare to the days she wanted me to change to - she informed me that "the company doesnt care about your kids - they only care that this store is staffed". Its comments like this and the fact shes been slagging me off whilst I've been off sick to the other girls, that have made me want to leave.
So I guess i have 2 questions. I'm due in tommorrow - can I ring today and tell her that I'm resigning and not work my weeks notice (I have 7 days holiday owed to me) And question 2 - does anyone think I have a case for Constructive Dismisal?

Thank you

[factor-fiction]

I followed this except I didn't understand the sentence: Whilst I was at work, all the rest of the staff were off with me.

I think constructive dismissal could be difficult. You have less than a year's service so the employer can dismiss you for almost any reason (but not just because you are a woman!). I expect the employer would state your absence record as the reason.
If you have to give 7 days notice is that 7 of your working days (ie 3.5 weeks)? Are you sure you have earned enough holidays this holiday year to have 7 days holiday left in this holiday year- it sounds a lot given that you work 2 days a week and it's only April.

[amib]

Hi thaks for your reply. I only have to give 1 week I know that for sure.
Holidays run from May to May. I am entitled to 4 weeks (ie 8 days) thats been checked and confirmed by the HR department and I already have them booked.
What I ment by "off with me" was that they didnt talk to me much, were snappy and generally not how they normally are.

Thanks

[Lil O'lady]

Aside from the rights and wrongs, if you don't work your notice your employer is entitled to keep back a proportion of your final wage.
I think you may have been given bad advice about whether you had to provide a sicknote for this latest absence. Irrespective of bad feelings, as you have had absences 3-4 months ago it was reasonable to ask for a sick note in this instance. Different firms have different arrangements for sicknotes, some needing one from the first day, others after 3 days but not for many years have I heard of a firm only wanting one after a week.
Your boss is a nasty bully and if you can manage to move then you are probably better off doing so.
Very few cases of constructive dismissal come to anything, although litigation lawyers may give you to understand otherwise. In this instance, without a carefully documented period of harassment which other colleagues were prepared to swear occurred, you are on dodgy ground.
You also need to check the probation period the firm works to, and how your hours stack up - you may not qualify for 'full time permanent' levels of job protection and could be liable to be terminated with no reason, so work out your leave and walk away is my advice.

[buildersmate]

An employer may not legally withhold wages since that would constitute the offence of ............er........withholding wages (somewhat unsurprisingly).
What it can do is make a civil case for breach of contract (though most employers would not bother).
Agree with the rest of the answer though.

[amib]

Hi.

Many thanks for all your replies. I spoke to HR yesterday and they said it was fine to verbally hand in 1 weeks notice and not work it. They were lovely about it, and also told me I'd get my outstanding holiday paid to me too.
I made a complaint to them about my managers behaviour and they have logged what she has said about mums. I'm just going to leave it at that.
Oh by the way. As far as I know you can be absent from work for the first 7 days without a sick note - after that you need one from your doctor. HR department confirmed this and said they would advise my managers of what is required by law in the future.
Many thanks again

[buildersmate]

What your HR department are quoting is the minimum under statutory sick pay scheme.

An employer is perfectly within its rights to demand a sick note on each and every occasion of sickness. Yours doesn't, and many others don't - unless they have an employee with higher levels of sickness/absence and they wish to manage it down (or out).