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Sector Report

Construction Tribunal Data Analysis

Employment Tribunal decisions and outcome patterns in the Construction sector from the last 12 months.

159Cases Analysed (Last 12 Months)

Final Construction decisions with at least one determined claim.

60%Success Factor

Proportion of cases won or split/upheld in our database.

40%Dismissal Rate

Cases lost or struck out due to procedural/jurisdictional issues.

↑ Strongest IndicatorBreach of Contract (71% Success)
↓ Weakest IndicatorHarassment (21% Success)

Showing 13 cases from the last 2 months.

Employers in recent Construction decisions

Browse the latest published decisions for employers represented in this sector sample.

18 Jul 2026
Mixed outcome

Unfair Dismissal, Redundancy Pay, Unpaid Wages and Breach of Contract

The claimant's statutory redundancy pay claim was within time and will proceed, but the unfair dismissal, breach of contract and unlawful deduction claims were dismissed as out of time.

Legal Issues (2)
  • Time limits
  • reasonable practicability
17 Jul 2026
Dismissed on jurisdiction

Unpaid Wages

The claim was dismissed because the respondent was not the claimant's employer, so the Tribunal had no jurisdiction to hear the claim.

Legal Issues (3)
  • Determination of the true employer
  • jurisdiction of the Employment Tribunal
  • whether a payroll company can be the employer for the purpose of a wages claim.
8 Jul 2026
Claimant won£25,771.43 awarded

Unfair Dismissal, Unpaid Wages and Breach of Contract

The claimant succeeded on all three substantive complaints (unauthorised deductions, breach of contract for notice pay, and unfair dismissal) with the respondent ordered to pay compensation including ACAS uplifts.

Legal Issues (6)
  • Unauthorised deductions from wages
  • breach of contract (notice pay)
  • unfair dismissal
  • failure to provide written statement of employment particulars
  • ACAS Code uplift
  • withdrawal of holiday pay claim.
3 Jul 2026
Claimant won£14,783.59 awarded

Unfair Dismissal, Unpaid Wages and Breach of Contract

The employer unfairly dismissed the claimant because it did not carry out a reasonable investigation into the alleged misconduct before dismissing him.

Legal Issues (4)
  • Whether the dismissal was fair under section 98 ERA
  • application of the Burchell test
  • reasonableness of investigation
  • ACAS Code uplift for failure to comply.
3 Jul 2026
Claimant won

Redundancy Pay

The employer failed to consult collectively before making 20+ employees redundant, so a protective award of 90 days was granted.

Legal Issues (4)
  • Failure to comply with section 188 TULRCA collective consultation obligations
  • protective award discretion under section 189
  • distinction between claimants with satisfactory employment evidence (Annex A) and those without (Annex B)
  • employer insolvency and role of Secretary of State.
24 Jun 2026
Claim dismissed

Unfair Dismissal

The Employment Tribunal found that the complaint of unfair dismissal was not well-founded and dismissed it.

Legal Issues (4)
  • Whether the dismissal was for a potentially fair reason (conduct) and whether the procedure was fair overall
  • including the use of CCTV
  • impartiality
  • and delay.
24 Jun 2026
Claim struck out

Other

The claim was struck out because the claimant failed to respond to the tribunal's request for a High Court order and did not actively pursue the claim after the respondent was dissolved.

Legal Issues (2)
  • Striking out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim
  • dissolution of the respondent company.
23 Jun 2026
Claimant won£46,888 awarded

Unfair Dismissal

The claimant was unfairly dismissed as the respondent failed to show a fair reason for dismissal and the claimant was found to be an employee.

Legal Issues (5)
  • Time limit extension under section 111(2)(b) ERA 1996
  • employment status (employee vs. self-employed)
  • unfair dismissal for lack of fair reason
  • ACAS Code of Practice uplift for procedural failure
  • award for failure to provide written statement under section 38 Employment Act 2002.
22 Jun 2026
Claimant won£4,769.23 awarded

Unfair Dismissal and Breach of Contract

The employer failed to give the claimant a fair opportunity to respond to the allegations and proceeded with the disciplinary hearing in his absence, rendering the dismissal procedurally unfair, and also failed to provide contractual notice.

Legal Issues (4)
  • Whether the dismissal was fair under s.98 Employment Rights Act 1996
  • application of the Burchell test for misconduct
  • whether the employer acted reasonably in the investigation and disciplinary process
  • wrongful dismissal for failure to give notice.
15 Jun 2026
Mixed outcome

Unpaid Wages

The claim for unauthorised deductions was upheld against the first respondent but dismissed against the second respondent.

Legal Issues (3)
  • Unauthorised deductions from wages under Part II of the Employment Rights Act 1996
  • substitution of respondent's name
  • dismissal of claim against second respondent.
15 Jun 2026
Claimant won£1,075 awarded

Unpaid Wages

The respondent made an unauthorised deduction from the claimant's wages.

Legal Issues (1)
  • Unauthorised deduction from wages under the Employment Rights Act 1996.
9 Jun 2026
Claim struck out

Unfair Dismissal, Discrimination and Unpaid Wages

The claimant's claims were struck out in their entirety because he failed to comply with Tribunal disclosure orders, acted unreasonably, and frustrated a fair trial by attending from a jurisdiction where he could not give evidence.

Legal Issues (6)
  • Strike out under Employment Tribunal Procedure Rules 2024 rule 38(1)(b)
  • (c) and (e)
  • failure to comply with disclosure orders
  • unreasonable conduct
  • frustration of a fair trial
  • application of Arrow Nominees v Blackledge and Bolch v Chipman.
9 Jun 2026
Claim dismissed

Unfair Dismissal and Discrimination

The discrimination claim was withdrawn and the unfair dismissal claim was struck out as having no reasonable prospects of success.

Legal Issues (4)
  • Discrimination by reason of pregnancy or maternity
  • unfair dismissal
  • strike out for lack of reasonable prospects
  • withdrawal of claim.

Data sources

Decisions are sourced from official GOV.UK Employment Tribunal publications.

Important: Summaries and statistics are automated. Always verify against the original decision documents.