Construction is one of the most fast-paced and high-risk industries to work in, which makes it particularly vulnerable to employment law issues. When things go wrong, employees are often the ones most affected — whether through missed pay, unsafe conditions, or unfair treatment.
The good news is that many of these problems can be prevented. By knowing your rights, keeping proper records, and seeking early guidance from employment lawyers, employees can avoid unnecessary disputes and protect their wellbeing at work.
Let’s walk through five common employment law pitfalls — and how to dodge them.
1. Being Misclassified as Self-Employed
One of the biggest risks for employees is being incorrectly categorised. Some workers are treated as if they are self-employed, when in reality their role is closer to that of an employee. This can lead to losing out on holiday pay, unfair dismissal protection, or pensions.
The UK Government provides clear definitions of employment status, but casual arrangements without written terms are still common in construction.
How to avoid it: Always ask for a contract that reflects the reality of your working relationship. If you are being treated like an employee without the benefits, it may be worth raising the issue formally or seeking advice.
2. Health and Safety Being Overlooked
Employers have a legal duty to protect health and safety at work. In construction, this covers site-specific risks such as working at height, machinery use, or handling hazardous materials.
Failing to follow HSE regulations can put employees at serious risk of injury and may also amount to a breach of employment rights.
How to avoid it: Make sure training is kept up to date and that risk assessments are in place. Report hazards you notice and ask to see documented safety checks. If concerns are ignored, you can escalate matters through the proper channels.
3. Poor Handling of Grievances or Discipline
Construction sites may often rely on informal processes, but employees are still entitled to fair treatment. Problems arise when grievances are not investigated, warnings are skipped before dismissal, or decisions are not recorded.
The Acas Code of Practice sets out how these procedures should be managed fairly and lawfully.
How to avoid it: Keep written notes of any complaints or issues, and request formal outcomes in writing. Knowing the correct process helps ensure you are treated fairly and gives you protection if matters escalate.
4. Discrimination or Harassment on Site
Although the industry has made progress, discrimination and harassment remain issues. Sexist “banter,” biased hiring decisions, or exclusionary behaviour can all amount to unlawful treatment under the Equality Act 2010.
How to avoid it: Use reporting procedures where available and document incidents clearly. Employees can also seek support from unions or representatives. Consistent enforcement of zero-tolerance policies helps make sites safer and more inclusive for everyone.
5. Problems with Working Hours and Pay
Pay and working hours are a frequent source of disputes. Issues include not receiving the correct holiday pay, being denied rest entitlements, or working long shifts without proper breaks.
The Working Time Regulations set out clear rules on hours, rest breaks, and paid leave — but these are not always followed in practice.
How to avoid it: Track your hours, check payslips carefully, and raise concerns quickly. If pay or hours continue to be mishandled, advice from an employment law specialist may be needed.
Protecting Your Rights
Most employment law problems in construction start with oversights or rushed decisions, not deliberate bad practice. For employees, though, the consequences can be significant. By knowing your rights, keeping records, and seeking advice when necessary, you can avoid the most common pitfalls and feel more secure at work.
Legal Disclaimer: This article is for general guidance only and does not constitute legal advice. For support tailored to your situation, speak to a qualified employment law specialist.