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 (69% Success)
↓ Weakest IndicatorHarassment (18% Success)

Showing 7 cases from the last 2 months.

Employers in recent Construction decisions

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

2 Oct 2026
Mixed outcome

Unfair Dismissal and Breach of Contract

The breach of contract claim was won with damages awarded, but the unfair dismissal claim was only determined on liability with remedy outstanding, resulting in a split outcome where one claim is fully resolved and the other remains pending.

Legal Issues (2)
  • Breach of contract – failure to give contractual notice
  • unfair dismissal – procedural fairness in handling whistleblowing concerns

Reference: 6035202/2025

25 Sept 2026
Claim dismissed

Unfair Dismissal

The Tribunal dismissed the unfair dismissal claim, concluding that the employer had a genuine belief in the misconduct after a reasonable investigation and that the decision to summarily dismiss was within the range of reasonable responses.

Legal Issues (5)
  • Unfair dismissal under section 98 Employment Rights Act 1996
  • reason for dismissal (conduct)
  • whether the employer had a genuine belief in misconduct after a reasonable investigation (British Home Stores v Burchell)
  • whether the decision to dismiss was within the range of reasonable responses (Sainsbury's v Hitt)
  • consideration of ACAS code of conduct

Reference: 6025490/2025

18 Sept 2026
Claim dismissed

Discrimination

The claim of direct race discrimination was dismissed after a full merits hearing.

Legal Issues (3)
  • Direct race discrimination under the Equality Act 2010
  • application of amendment principles (Selkent and Vaughan)
  • time limits for new claims

Reference: 6015973/2024

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