Am I in breach of contract or making myself redundant?

[jood]

Hi, I'd appreciate some advice if possible? I work 2 days per week in a shop. Although I've been there for 12 years I only signed a contract last year when the owner put the business up for sale. My contract states that i am employed for 2 days per week. I told the owner yesterday that I am only able to do 1 day going forward. (Since she has had no luck selling the business and keeps suggesting she may just close up I have found other work which is now more important to me). I don't want to make life any harder for her and have offered for that one days work to be flexible and on a day of her choosing.

By saying i can no longer do the contracted 2 days have I breached the contract?

Have I effectively handed in my notice?

Can anyone clarify my position please and suggest where i may stand depending on what she offers (or not) ?

Thank you...hope I've not made this too muddled?

[Sidewinder]

You would only breach the contract if the employer did not agree to you working only 1 day a week and you failed to turn up for the other one.

 

If the employer has accepted that you work only one day a week then what you have done s amend your contract by mutual agreement.

 

In principle this is fine, but there could be a downside. In the event that the business is not sold and the employer closes it down, then you will have halved your redundancy entitlement. If the business were to be sold the incoming owner is obliged under TUPE to take on existing staff under their current T&Cs. Not a massive issue if you are happy with just one day a week, but once again in the event of a redundancy you will only have half of the entitlement that you used to - with 12 years service that might be a nice few £££s

[ericsbrother]

couple of questions about your job regarding redundancy, do you get paid holidays? If no you should and can make a backdated claim. Secondly redundancy is pro rata so you would get 1 week per year of employment pro-rata so currently 24 days pay or 12 days pay if you dropped down to 1 day a week.

If this makes a difference to your decision making them at least you know what you should get

[jood]

Thanks to both of you for your advice. She didn't accept the proposal of one day only and I have subsequently resigned. I realise I lose redundancy but the other work pays so much better that the choice became obvious.

Thanks again

x