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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.

161Cases Analysed (Last 12 Months)

Final Construction decisions with at least one determined claim.

61%Success Factor

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

39%Dismissal Rate

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

↑ Strongest IndicatorBreach of Contract (69% Success)
↓ Weakest IndicatorHarassment (17% Success)

Search by Claim Type

Unfair DismissalConstructive DismissalDiscriminationRedundancy PayUnpaid WagesWhistleblowingBreach of ContractHarassment

Showing 14 cases from the last 2 months.

Employers in recent Construction decisions

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

TCMM Shutter Group LtdCostain LtdMJW Asbestos Removal and Reinsulation Services LtdPVTEC LtdAds Windows Ltd and Ace Windows (NE) Ltd (in creditors’ voluntary liquidation)S&S Consulting ServicesFP Hurley and Sons LtdARJ Construction Ltd (In creditors voluntary liquidation)HCM Electrical LtdGreater London Cradles Ltd (in voluntary liquidation)AMC Installations LtdHI Q Windows Ltd
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

31 Jul 2026
Claim dismissed

Unfair Dismissal, Discrimination, Unpaid Wages and Breach of Contract

All claims were either dismissed as not well founded or withdrawn by the claimant.

Legal Issues (2)
  • The tribunal found the unfair dismissal and discrimination claims not well founded
  • the remaining claims were withdrawn. No written reasons were requested or provided

Reference: 2500538/2025

23 Jul 2026
Claim dismissed

Unfair Dismissal

The Tribunal found that the claimant resigned and was not dismissed, so the unfair dismissal claim was dismissed.

Legal Issues (2)
  • Whether the claimant's words amounted to a resignation or dismissal
  • application of Omar v Epping Forest District Citizens Advice [2023] EAT 132 on ambiguous words of termination

Reference: 6020136/2024

20 Jul 2026
Claimant won£3,920 awarded

Unpaid Wages and Breach of Contract

The respondent failed to pay the claimant's full wages, notice pay, and accrued holiday pay, and the tribunal found all three claims well-founded.

Legal Issues (3)
  • Unauthorised deductions from wages (Employment Rights Act 1996 s.13)
  • breach of contract for notice pay (ERA s.86)
  • unpaid annual leave on termination (Working Time Regulations 1998 reg.14)

Reference: 2401723/2025

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

Reference: 6032659/2025

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

Reference: 6045376/2025

16 Jul 2026
Mixed outcome

Unfair Dismissal, Unpaid Wages and Breach of Contract

Unfair dismissal claim succeeded due to failure to consider suitable alternative employment, but wrongful dismissal and written particulars claims failed.

Legal Issues (7)
  • Redundancy fairness
  • consultation
  • pooling
  • alternative employment
  • Polkey reduction
  • notice period
  • written particulars

Reference: 6012243/2025

13 Jul 2026
Claimant won

Redundancy Pay

The respondent failed to comply with s.188 TULRCA, so the claim for a protective award succeeded.

Legal Issues (1)
  • Failure to comply with s.188 TULRCA (redundancy consultation) resulting in a protective award

Reference: 2305631/2024

13 Jul 2026
Claimant won

Discrimination

The tribunal found that the claimant's age materially influenced the decision to withdraw the offer of work, that he was treated less favourably than a younger comparator, and that the treatment was not a proportionate means of achieving a legitimate aim.

Legal Issues (5)
  • Direct age discrimination
  • hypothetical comparator
  • burden of proof (s.136 EqA)
  • proportionality (s.13(2) EqA)
  • causation

Reference: 6001900/2024

10 Jul 2026
Mixed outcome

Unfair Dismissal and Whistleblowing

The claimant succeeded on some protected disclosure detriment claims (awarded £2,900) but lost on unfair dismissal and other detriment complaints.

Legal Issues (3)
  • Protected disclosure detriment under section 47B Employment Rights Act 1996
  • unfair dismissal under section 98
  • compensation for financial loss and injury to feelings

Reference: 6000278/2025

9 Jul 2026
Claim dismissed

Unfair Dismissal

The tribunal found that the dismissal was for a fair reason (redundancy) and that the process, although short, was within the range of reasonable responses given the small size of the employer and the pool of one.

Legal Issues (3)
  • Whether dismissal was by reason of redundancy
  • whether the employer acted reasonably in the circumstances (s.98 ERA 1996)
  • adequacy of consultation and consideration of alternatives

Reference: 3300859/2025

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

Reference: 1303312/2024

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

Reference: 2300884/2025

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

Reference: 4100641/2026

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.