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Sector Report

Construction Tribunal Data Analysis

Latest legal precedents and outcome patterns in the Construction sector based on our 12-month database analysis.

133Cases 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 (66% Success)
↓ Weakest IndicatorUnfair dismissal (21% Success)

Showing 11 cases from the last 2 months.

6022623/20249 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
6030180/20253 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
6017820/20261 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
6026175/202527 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
6005348/202426 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
3306629/2422 May 2026
won

The claimant succeeded on liability as the tribunal found he was dismissed because of his protected disclosures, making the dismissal automatically unfair, and further that any redundancy process was unfair.

Legal Issues (3)
  • Automatic unfair dismissal for making protected disclosures (whistleblowing)
  • detriment for making disclosures
  • and the adequacy of redundancy procedures as a potential alternative defence.
GOV.UK SourceView Decision
4100601/202621 May 2026
won

The respondent failed to file a response, so the claim succeeded by default, with the tribunal ordering payment of redundancy, compensation, unpaid wages, notice pay, and pension contributions.

Legal Issues (1)
  • Failure to enter a response (Rule 22 default judgment); Unfair Dismissal (s.94 ERA 1996); Redundancy payment (ss.162-163 ERA 1996); Unauthorised deduction from wages (s.13 ERA 1996); Breach of contract in respect of notice; Failure to pay employer pension contributions.
GOV.UK SourceView Decision
8000625/202621 May 2026
won

The respondent failed to submit a response to the claim, resulting in a default judgment in favour of the claimant for all heads of claim.

Legal Issues (1)
  • Default judgment under Rule 22 of the Employment Tribunal Procedure Rules 2024; unfair dismissal; redundancy; unauthorised deductions from wages (section 13 ERA 1996); failure to pay holiday entitlement; breach of contract for notice; failure to pay pension contributions.
GOV.UK SourceView Decision
1401228/202520 May 2026
won

The tribunal found that the claimants were employees and were unfairly dismissed, and also awarded unpaid holiday pay.

Legal Issues (1)
  • Employee status under section 230 ERA 1996; unfair dismissal under sections 94 and 98 ERA 1996; unpaid holiday pay under Working Time Regulations 1998.
GOV.UK SourceView Decision
2406860/202520 May 2026
other

The claimant's application for interim relief was refused by the tribunal.

Legal Issues (1)
  • Application for interim relief; whether the tribunal should grant interim relief under section 128 ERA pending the substantive claim.
GOV.UK SourceView Decision
6021417/202419 May 2026
won

The complaint of unfair dismissal was well-founded, so the claimant won, but with a 25% reduction applied to the awards.

Legal Issues (1)
  • Unfair dismissal; application of reduction to awards (likely contributory fault or Polkey); recoupment not applicable.
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.