Leaving job and not working notice period

[BlueLagoon5]

Posting for traffic as I'm hoping someone can help me on this.

I started a new job on Monday and I don't like it there already. The job role is completely different to what I was told/what was advertised. The training has been non existent and I've been left on my own since yesterday as the manager and another colleague are off, whilst the other is working from home due to the weather. I've got emails/phone calls coming in and have no idea what I'm doing. The manager isn't particularly very nice either. I've already witnessed her snap and shout at another colleague (on my second day and third day) and apparently this is not unusual. It's making me anxious, like I'm too scared to ask a question in case she snaps at me. She hasn't yet but I'm sure it's only because it's my first week. It is only a temporary 12 month cover role any way.

My plan is to email her tonight when I get home with my resignation/one weeks notice, but I really really don't want to go back next week. In the contract it states that the company can withhold wages if the employee doesn't work their notice period and the company suffers a financial loss as a result - if they have to pay someone else to cover their duties etc. If I was to phone in sick on Monday and just drag it out for the entire week, would that still stand? I'm hoping they just mean when someone walks out.

I have enough savings to tie me over until I find something else but it would be helpful to be paid for the work that I've done this week (around £500 I think), plus I've spent money on travel.

Any advice would be appreciated.
TIA

@BlueLagoon5
I've read all the replies now so here's my take. You're not going back. That's non negotiable. If you were to ring in sick (when you're not) I think that would mean you had effectively worked your notice period. You can 'self certify' up to 7 days. I understand you won't get paid for this 'sick week' but it's still wrong. If you're 'caught out' eg being at an interview when you suppisedly have glandular fever, it could damage your reputation. However I get you feel you've been wronged, so you might well feel that in this instance, 2 wrongs DO make a right.
I guess what you need to consider is the wording of the email. Personally I'd say you would like to resign with immediate effect and are the company prepared to accept this without adversely affecting and wages for work done. The balls then in their court. They're likely to say OK, however it's possible they won't and will elect to exercise their right to not pay you. You're just gonna have to sick it up.
If they've recently interviewed its probable they can offer the position to another recent candidate. Maybe word this into your resignation, ie you think it'll be best to go stat so they have a candidate.

To add to my response.

I’ve done this - I’ve literally walked out of a job when my boss’s bullying became intolerable. I’d been there for months though. I did it properly. I went to the boss of the whole company and I went to HR. I said to them both that I was leaving the office, this is why, and I don’t intend to come back. HR told me companies could sue but it was unlikely, they tried to offer support etc. I had to let them work through their process. But my point is - I did it the right way by speaking to them before I left. I’ve also seen people leave by saying goodnight to colleagues as if they’re coming in the next day and then sending an email to the boss saying they won’t come back. I wouldn’t recommend that except in the most desperate circumstances.

I mean the job sounds awful and I don't think you should stay. But I also don't think you should sign off as a first resort. I think phoning and resigning (followed up by email) is the best option. And when you can phone you can ask if they can waive your notice. They'll probably agree.

“I'd say you would like to resign with immediate effect and are the company prepared to accept this without adversely affecting and wages for work done. The balls then in their court. They're likely to say OK, however it's possible they won't and will elect to exercise their right to not pay you.”

@JudgeRudy what do you mean by the company exercising their right to not pay her for work done?

There’s no such right to exercise.

The problem is that failing to work your notice period without agreement is breach of contract, and failing to pay for work done is breach of contract. But which side is happy to take the risk and which side will pursue the breach?

@BlueLagoon5
How is the role different ?

Don't phone in sick, just be honest with them that it's not the job you thought you were coming to and you know it's not going to be a good fit for you. Even if you do have to sit there for another week, you're counting down the days till you don't have to!

OK, I've phrased that incorrectly for simplity. Yes they would need to pay her for her work, and she'd also need to pay them for the financial consequences of the breach of contract. Personally I'd risk it. If they've recently interviewed recruitment costs could probably be ignored. It would just be the cost of the replacement for the week but I doubt they pursue it....but if they did it would kind of cancel out her weeks earnings....but yes I get they're 2 different transactions and the breach penalty would be due later

God OP. Ignore the hysterical responses on here. Stealing!?? Fraud!??

Resign this afternoon and call in sick on Monday with stress and anxiety, follow up with an email as to the reason and be honest! Say you don’t think you’ll be able to make it in for the rest of the week. As PPs have said, you can self certify for 7 days so won’t have to produce a fit note. You’re not expecting sick pay so it’s fine. Company legally have no reason to withhold the pay for this week. You’re perfectly entitled to be sick during your notice period!

I recently resigned on a Friday then went off sick the following Monday for the full months notice period(with a fit note after the first week). Got paid for it as well. No regrets or fucks given. It was a horrible environment to work in, was there for over a year, and nothing was done so serves them right.

Isnt phoning in sick when you arent fundamentally dishonest?

I don't want to out myself but probably will @Hawkins003

It was suppose to be a recruitment and onboarding role (50/50) but it's not. All I've done this week is send out contracts, add new starters to the payroll system, sort out right to work docs/DBS checks etc. It's boring.

I come from a recruitment background and I'm use to speaking to people, anywhere between 10-15 a day. That's what I enjoy and helping them find a job suitable to them. I don't mind the onboarding part, but don't want to do it as a full time role.

I was told during the interview that I would be responsible for the entire recruitment and onboarding process but that's not the case. They use the same system as my old company and only the recruitment team had access to the system and were responsible for shortlisting applicants/booking in for interviews. This company allows the managers access to the system and they shortlist candidates/book them in then just let HR know who they want to employ.

I've not made one phone call this week.

My colleague did say that this has been an issue before and people have accepted the job on the understanding that it's a recruitment/onboarding role then were annoyed when they realised it wasn't. This position is best suited to someone who wants to be an onboarding coordinator in my opinion.

Thank you @UserOfManyPseudonyms
That's reassuring to hear.

I hope you found a lovely new job?

Sorry I missed your comment before @MrsDanversGlidesAgain - no it wasn't through an agency. I applied via indeed. I don't think they had much interest (probably due to it being a temp role) as it was advertised through an agency as well.

@BlueLagoon5 well done you. It sounds like a shit place to work all round. It would be different if they apologised and said they couldn't give you a proper induction/ training for whatever reason at the moment but will do so. Best of luck with your interviews next week.

Given that you don't need a reference I would be straight with them.

I would say you're resigning with immediate effect and not working your notice. Then I would give the reasons why, citing the inaccuracy of the job description, the bullying manager, and the toxic atmosphere in the office. You can give examples of how you were scared of asking questions due to the unpleasant way you witnessed other staff being treated. It's unlikely they'd withhold the money they owe you if you've already drawn attention to their failings as employers. The last thing they'd want is a formal complaint from you.

OP life is just way too short for this shit! You've made your mind up that you're not going back so resign and go on sick leave during your notice. You have to do what works best for you

How wonderful for all the posters giving you a hard time that they've never had a shit job or a shit manager!

Actually I am going to go against the most of the comments so far.

There is not reason why you should professional when they have been un-professional to such an extent.

Rather than send your resignation to your dodgy manager, I would go above her head and contact the most senior person in HR (director for example).

I would state in your email that you have no choice but to resign with immediate effect because:

• the job was misrepresented to you at interview stage
• you witnessed your line manager bully several members of staff since you started and you give dates and times
• there has been no attempt to provide you with a proper induction and training
• you are therefore concerned about this work environment and have no choice but to resign.

And you leave it at that.

What will happen is that the company will pay you your week and you won't hear anything back from them...

There is no rational for working your notice. Because as a new starter it is very likely that there would be nothing for you to do/complete in that short period of time.

You won't be using them as a reference anyway so I think you are right to concentrate on your job search.

I worked somewhere once where on more than one occasion a new person would start in the morning, go off for lunch and we'd never see them again. We had a problem with staff turnover, and there was no serious attempt to find out why (I mean stuff came down from head office, but HR covered up the problems, it was a shame as apparently the rest of the company was ok to work for).

Thanks @walkies123 I thought the same. Easy for people to say stay and put up with it when it's not them going through it 🤦‍♀️

Will their details be on your P45?

If so I think you're going to have to tell new employers why you left

@smellyflowers
I don't have to provide a P45, can just say I've not received it yet (which I probably won't have if I find something else within the next few weeks) and I'll have to fill out a starter check list.

Ah excellent news!

Well good luck and I hope your next job is much better.

Just resign and don't return. It's not a big deal at all. It's done all the time. They wouldn't hesitate firing you and having security walk you out.
You worked. They have to pay you. Those contracts don't mean much other than to try to scare people. It takes time and money to come after people. Something they won't do.

Thank you @smellyflowers much appreciated 😊

I would resign due to immediate effect due to the lack of training and support. I would also include that having the manager abuse staff by shouting is not an environment I want to be in. I would say that due to the detrimental effect on my I would be unable to return to that environment so your resignation is with immediate effect.

They should pay you for hours worked, if nor speak to ACAS about them withholding salary earned, particularly if it takes you under minimum wage.