A Marks and Spencer staff member whose employee discount was used 73 times in six weeks by family and friends has successfully challenged his “disproportionate” dismissal.
Mark Brennan’s now former wife had secretly copied his staff discount and shared the details, resulting in the credentials being used dozens of times between 31 October to 17 December 2024, a court heard.
However, only one transaction in that time period was linked to Mr Brennan’s own payment card.
A Workplace Relations Commission (WRC) adjudicator ruled Marks and Spencer was wrong to use the “nuclear option” by sacking sales advisor Mark Brennan from his 10-year employment.
He was awarded €2,000 under the Unfair Dismissals Act 1977, down from €4,000, approximately two months’ pay, as the complainant “contributed significantly by his carelessness”, the adjudicator decided.
Judy McNamara of IBEC, representing M&S, submitted that internal auditors flagged “serious anomalies” with the use of Mr Brennan’s discount and notified local management.
Following a company investigation which began on 8 January 2025, Mr Brennan was dismissed on 6 February of that year, and a sanction was confirmed in March after an internal appeal hearing.
Mr Brennan’s trade union representative, Mandate divisional organiser Eoin Coates, submitted that Mr Brennan had immediately stopped his partner of the time using the card when he found out what was happening, and offered to pay back the employer for the €464.39 in shopping discounts.
Mr Brennan admitted that he was “careless with the tablet computer” which was how his ex-wife accessed the discount card details.
Mr Coates wrote that the “carelessness” occurred in the context of a husband-and-wife relationship and could not be considered a disciplinary breach so serious that his client deserved to lose his job.
Adjudicator Michael McEntee noted the evidence of company managers that any abuse of the staff discount was viewed in “almost apocalyptic terms” at M&S.
He wrote that it was “excessive” to dismiss Mr Brennan over the incident.
Mr Brennan was back at work for a competitor of M&S, but had faced a prospective loss of earnings totalling €4,600, the adjudicator heard. However, M&S did pay Mr Brennan full notice pay of six weeks.
