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Royal Bank of Scotland v Donaghay - Conduct need not be "reprehensible" before dismissal can be fair [2011] EAT

An employee's conduct is a potentially fair reason for dismissal, but it need be of no particular character - and certainly not "reprehensible" - before it can support a fair dismissal. Once an employer establishes that conduct was the reason for dismissal, it is then a separate stage of the process to decide whether or not, on that basis, the dismissal was fair in all the circumstances. 

Mr Donaghay had a violent argument at home with his girlfriend, LC. Although he claimed that she had provoked him, he was arrested and charged with assault and breach of the peace. Both Mr Donaghay and LC worked for RBS, and initially he was suspended. Mr Donaghay later came into the branch where he and LC worked: although he wanted to access an account this distressed LC - when called the police said this was actually a breach of his bail conditions. 

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