Unfair dismissal

[Dofeboy]

Ok, afternoon all. This is a question to see if I could or should follow an unfair dismissal route, possibilities of outcomes etc. I'll be as clear as I can.

Right then I have been employed on a temporary/fixed term contract continuously for 3 years as a night driver. My company is building a new yard and taking a portion of the work there. They are also introducing afternoon shifts (these are no good to my family life and cannot do them). They have forced a number of the other temps onto afternoons and my time will come in October. The night shift will then be populated by permanent drivers and agency staff. My choice is afternoons or leave.

So, if I refuse afternoons and they serve me notice the hr lady said I get redundancy. Sounds wrong to me but is this correct?

Now by bigger point is if they get rid of me and keep agency staff on nights there is clearly work there. So, after so long there and the fact that agency staff remain on nights is there a case for unfair dismissal? If so what should I be doing to ensure my best chances of being successful in a claim?

thanks for time.

[ULA]

Firstly when is your current fixed term contract due to end?

Since you have been on a fixed term contract for more than two years and if your position no longer exists then as for a permanent employees you would be entitled to redundancy.

Are they reducing the overall number of positions needed for night work?

[Dofeboy]

Thanks.

My contract ends tomorrow and will be renewed month to month. That's what I've been told but nothing in writing.

They are reducing runs and therefore drivers. I understand if they have less work I will go and accept that.

My concern is if they let me go and keep agency on nights. That will show there is need for x amount of drivers (however many agency they have).

So, as an example if they keep 3 agency on nights and terminate my contract surely that would mean there is work for 3 drivers and my dismissal was unnecessary and therefore possibly unfair??

[ULA]

If they are reducing the number of total night drivers regardless of their contract type then that is a redundancy situation. Effectively your employer's need to carry out work of a particular type has diminished and therefore being on a fixed term contract, if they do not renew your contract at the end of the term in my view redundancy is the correct way for them to handle the situation.

Maybe your issue is more around the fact that with the positions that are remaining, they are not offering you the chance to be retained on a fixed term contract instead of agency workers?