Sector Report

Construction Tribunal Data Analysis

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

162Cases 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 (70% Success)
↓ Weakest IndicatorHarassment (17% Success)

Showing 9 cases from the last 2 months.

Employers in recent Construction decisions

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

2 Sept 2026
Claim struck out

Other

The claim was struck out because it had no reasonable prospect of success.

Legal Issues (2)
  • Strike out for no reasonable prospect of success under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2026
  • non-attendance by the claimant at the hearing

Reference: 3303494/2025

25 Aug 2026
Claim dismissed

Unfair Dismissal, Unpaid Wages and Breach of Contract

The tribunal dismissed all three claims, finding the dismissal fair, the claimant guilty of gross misconduct, and no entitlement to notice pay or unpaid wages.

Legal Issues (4)
  • Fairness of dismissal for gross misconduct under s.98 ERA 1996
  • application of the Burchell test
  • whether misconduct amounted to repudiatory breach for wrongful dismissal
  • whether claimant worked on a Sunday for unauthorised deductions claim

Reference: 6005978/2026

18 Aug 2026
Claim dismissed

Unfair Dismissal

The employer acted reasonably in treating the claimant's gross misconduct as a sufficient reason for dismissal, and the decision fell within the band of reasonable responses.

Legal Issues (5)
  • Section 98(4) ERA – reasonableness of dismissal for conduct
  • Burchell test (genuine belief, reasonable grounds, reasonable investigation)
  • band of reasonable responses
  • procedural fairness and small employer exception
  • ACAS Code of Practice

Reference: 8000576/2026

18 Aug 2026
Dismissed on jurisdiction

Unfair Dismissal and Unpaid Wages

The claim was dismissed because the claimant failed to satisfy the tribunal that it was not reasonably practicable to present the claim within the statutory time limit, and the late refiled claim was not within a reasonable period.

Legal Issues (3)
  • Whether it was not reasonably practicable to present the unfair dismissal claim within the three-month time limit
  • whether the claim was presented within a reasonable period thereafter
  • effect of an error in the respondent's name on the claim form

Reference: 4100013/2026

14 Aug 2026
Claimant won£6,444 awarded

Unpaid Wages

The respondent failed to respond to the claim, leading to a default judgment; the claims were well founded and awards made.

Legal Issues (3)
  • Default judgment under Rule 22
  • failure to respond
  • entitlement to unpaid wages and holiday pay

Reference: 6044603/2025

13 Aug 2026
Dismissed on jurisdiction

Discrimination and Unpaid Wages

The claimant was not a disabled person at the material time because the impairment (stress and anxiety) was not likely to last 12 months when assessed from the standpoint of February 2026.

Legal Issues (1)
  • Whether the claimant was a disabled person under s.6 Equality Act 2010 – specifically whether the impairment (stress/anxiety) was likely to last 12 months at the material time (Oct 2025 – Feb 2026). The Tribunal held that the impairment was not long-term and dismissed the claim

Reference: 4100077/2026

11 Aug 2026
Claimant won

Unpaid Wages

The complaint of unauthorised deductions was well-founded but the respondent had already repaid the deducted amount, so no further compensation was awarded.

Legal Issues (2)
  • Unauthorised deductions from wages
  • whether additional financial losses recoverable

Reference: 6024162/2025

6 Aug 2026
Claimant won£1,904 awarded

Unfair Dismissal

The tribunal found the claimant was unfairly dismissed and awarded agreed compensation.

Legal Issues (3)
  • Unfair dismissal
  • calculation of basic and compensatory awards
  • recoupment of jobseekers allowance

Reference: 8000293/2026

5 Aug 2026
Claimant won

Redundancy Pay

The Tribunal found the complaint well-founded and made a protective award of 90 days' remuneration.

Legal Issues (3)
  • Failure to elect employee representatives for redundancy consultation
  • failure to consult under s.188 TULRCA
  • protective award for 90 days

Reference: 8000658/2026