Sector Report
Construction Tribunal Data Analysis
Latest legal precedents and outcome patterns in the Construction sector based on our 12-month database analysis.
143Cases Analysed (Last 12 Months)
Historical Construction decisions from our database catalogue.
59%Success Factor
Proportion of claims won or split/upheld in our database.
41%Dismissal Rate
Claims lost or struck out due to procedural/jurisdictional issues.
↑ Strongest IndicatorUnfair Dismissal (65% Success)
↓ Weakest IndicatorUnfair dismissal (15% Success)
Search by Claim Type
Showing 17 cases from the last 2 months.
1303312/2024 • 8 Jul 2026
won
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.
GOV.UK SourceView Decision
4100641/2026 • 3 Jul 2026
won
The employer unfairly dismissed the claimant because it did not carry out a reasonable investigation into the alleged misconduct before dismissing him.
Legal Issues (1)
- Whether the dismissal was fair under section 98 ERA; application of the Burchell test; reasonableness of investigation; ACAS Code uplift for failure to comply.
GOV.UK SourceView Decision
2300884/2025 • 3 Jul 2026
won
The employer failed to consult collectively before making 20+ employees redundant, so a protective award of 90 days was granted.
Legal Issues (1)
- 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.
GOV.UK SourceView Decision
6031780/2025 • 24 Jun 2026
lost
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.
GOV.UK SourceView Decision
6007108/2025 • 24 Jun 2026
struck_out
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 (1)
- Striking out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim; dissolution of the respondent company.
GOV.UK SourceView Decision
6005822/2025 • 23 Jun 2026
won
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 (1)
- 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.
GOV.UK SourceView Decision
6021687/2025 • 22 Jun 2026
won
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 (1)
- 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.
GOV.UK SourceView Decision
2310039/2025 • 15 Jun 2026
split
The claim for unauthorised deductions was upheld against the first respondent but dismissed against the second respondent.
Legal Issues (1)
- Unauthorised deductions from wages under Part II of the Employment Rights Act 1996; substitution of respondent's name; dismissal of claim against second respondent.
GOV.UK SourceView Decision
2310037/2025 • 15 Jun 2026
won
The respondent made an unauthorised deduction from the claimant's wages.
Legal Issues (1)
- Unauthorised deduction from wages under the Employment Rights Act 1996.
GOV.UK SourceView Decision
6003538/2025 • 9 Jun 2026
lost
The discrimination claim was withdrawn and the unfair dismissal claim was struck out as having no reasonable prospects of success.
Legal Issues (1)
- Discrimination by reason of pregnancy or maternity; unfair dismissal; strike out for lack of reasonable prospects; withdrawal of claim.
GOV.UK SourceView Decision
6022623/2024 • 9 Jun 2026
struck_out
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 (2)
- 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.
GOV.UK SourceView Decision
6011618/2025 • 3 Jun 2026
struck_out
The claim was struck out because the claimant failed to respond to Tribunal correspondence and did not attend the final hearing, indicating the claim was not being actively pursued.
Legal Issues (1)
- Strike out under Rule 38 and Rule 47 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim and non-attendance at hearing.
GOV.UK SourceView Decision
6030180/2025 • 3 Jun 2026
won
The complaint was well-founded and the respondent failed to present a valid response, leading to a default judgment ordering payment of £640 in unpaid wages.
Legal Issues (1)
- Unauthorised deductions from wages under Part II of the Employment Rights Act 1996; default judgment under Rule 21/22 of the Employment Tribunal Rules of Procedure.
GOV.UK SourceView Decision
6017820/2026 • 1 Jun 2026
lost
The claimant failed to demonstrate that his claim for automatic unfair dismissal due to protected disclosures had a 'pretty good chance of success' or was 'nearer to certainty than mere probability' at the interim relief stage.
Legal Issues (1)
- Application for interim relief under s.128-129 ERA; test of 'likely' success meaning a 'pretty good chance' or 'nearer to certainty than mere probability'; requirement for expeditious summary assessment of whether the principal reason for dismissal was a protected disclosure.
GOV.UK SourceView Decision
6026175/2025 • 27 May 2026
lost
All claims were dismissed because the Tribunal found the alleged incidents either did not occur as described, were not related to race, or were not less favourable treatment compared to a hypothetical comparator.
Legal Issues (1)
- Time limits under s.123 Equality Act 2010; whether conduct extended over a period; whether treatment was because of race or related to race; whether protected acts led to detrimental treatment; hypothetical comparator analysis.
GOV.UK SourceView Decision
6040179/2025 • 27 May 2026
other
The tribunal granted the respondent's application for an extension of time to file a response and set aside the earlier default judgment, primarily due to the tribunal's own error in using the wrong email address for the rejection notice and the substantial prejudice to the respondent if locked out.
Legal Issues (3)
- Application for extension of time to file a response under Rule 21 Employment Tribunal Procedure Rules 2024; setting aside a default judgment; consideration of explanation for delay
- merits of defence
- and balance of prejudice.
GOV.UK SourceView Decision
6005348/2024 • 26 May 2026
struck_out
The claims of constructive unfair dismissal and disability-related harassment were struck out because they had no reasonable prospect of success.
Legal Issues (1)
- Strike out for no reasonable prospect of success (rule 61); deposit orders for claims with weak prospects; constructive unfair dismissal; disability-related harassment; sex discrimination; failure to make reasonable adjustments.
GOV.UK SourceView Decision
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.