Case 6006819/2024 · Employment Tribunal
Mr Deoraj Dwivedi v Hindu Cultural Resource Centre Sandwell — 2026
- Case reference
- 6006819/2024
- Decision date
- 30 January 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor Representation
- Venue
- Midlands West
Parties
2 namedClaimant
Mr Deoraj Dwivedi
Respondent
Key findings
Tribunal's reasoningThe claimant, employed on successive fixed-term contracts at the respondent Temple, was given notice of dismissal on or about 30 January 2024. The respondent's case was that he had been dismissed for conduct, namely retaining donations from worshippers in breach of duty. The claimant's case was that he had been dismissed because he had reached 68 years of age, and that a reference dated 19 April 2024 confirmed he had been required to retire on age grounds. The hearing took place over 26-30 January 2026 before Employment Judge Taylor sitting alone.
The Tribunal concluded that the reason for dismissal was unilateral retirement because of the claimant's age, and not misconduct. On the unfair dismissal claim, the respondent failed to prove it genuinely believed the claimant had committed gross misconduct or that misconduct was the reason for dismissal, applying the Burchell approach. On the wrongful dismissal claim, the Tribunal found the claimant had not committed gross misconduct, so there was no breach of contract justifying termination on less than statutory notice; the contractual notice period was 11 weeks, of which only 4 weeks were paid. On the age discrimination claim, the claimant proved facts from which the Tribunal could conclude discrimination had occurred, and the respondent did not show it had not discriminated; serving notice and dismissing on or about 30 January 2024 was less favourable treatment because of age.
All three claims were upheld. The available text sets out the liability findings but does not contain a quantified remedy breakdown (basic award, compensatory award, injury to feelings, or interest), and no total award figure is stated; the £105,707 figure noted by Layer 1 appears in the issues list as a reference to the statutory cap on the compensatory award, not as an award made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Tribunal found the respondent failed to prove it believed the claimant had committed gross misconduct or that this was the reason for dismissal. Claim well founded and succeeded. Remedy not broken down per claim in the available text. | Upheld | — | — |
| Wrongful dismissal | Tribunal found the claimant did not commit gross misconduct and there was no breach of contract justifying termination on less than statutory notice. Notice period was 11 weeks; only 4 weeks were paid. | Upheld | — | — |
| Age discrimination | Tribunal found the reason for dismissal was unilateral retirement because of the claimant's age; serving notice and dismissing was less favourable treatment because of age. Burden of proof under s.136 EQA shifted and respondent did not discharge it. | Upheld | Age | — |
Legal tests applied
10 references- British Home Stores Ltd v Burchell [1978] IRLR 379
- range of reasonable responses
- ACAS Code of Practice on Disciplinary and Grievance Procedures (2015)
- section 86 ERA 1996
- Employment Tribunals Extension of Jurisdiction Order 1994
- section 13 Equality Act 2010
- section 23 Equality Act 2010
- section 136 Equality Act 2010
- Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] ICR 337
- King v The Great Britain-China Centre [1992] ICR 516
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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