The ex-staff claim that the firm failed to properly consult with them during the redundancy process.

Nmcn went into administration late last year with most jobs saved following deals with Galliford Try and Keltbray to acquire the main water and infrastructure operations.

But administrator Grant Thornton failed to find a buyer for the building arm resulting in 80 redundancies.

Law firm Simpson Millar was later instructed by 26 former employees to pursue a Protective Award on their behalf, after it was claimed that they were made redundant with immediate effect, and that the business had failed to properly consult over the job losses.

The law firm’s employment team has now confirmed that they are waiting for a hearing to be listed, when the claims will be considered by a Judge.

Where an Employment Tribunal finds in the favour of the employees – which at nmcn includes senior managers, administrators, marketeers and on-site construction staff – they will be able to access the funds of up to £4,352 via the Government Insolvency Service.

Anita North, an employment lawyer at Simpson Millar, said: “The collapse of nmcn had a devastating impact on its employees, many of whom were taken completely by surprise when they were told they had been made redundant with no prior warning.

“26 ex-employees later instructed us to investigate the claims that nmcn had failed to properly consult over the job losses, and they have now officially taken their claim to an Employment Tribunal to be heard.

“We are now awaiting a date for a preliminary hearing to take place.”