After M&S dismissal ruling: Why Mark Brennan won €2,000

A staff discount account was used 73 times in six weeks, sometimes at the same time in different places, yet the worker linked to it has won an unfair-dismissal case. Mark Brennan said his then partner secretly copied the credentials from his tablet and shared them with relatives and friends. The Workplace Relations Commission decided Marks & Spencer had gone too far by dismissing an employee of more than a decade.

What We Know So Far

Brennan had worked as a sales adviser for M&S since August 2014. Internal auditors opened an investigation after identifying serious anomalies in his staff discount account. Between 31 October and 17 December 2024, the credentials were used 73 times across several locations, with only one transaction tied to Brennan’s own payment card.

The retailer began its formal investigation on 8 January 2025. Brennan was dismissed with notice on 6 February, and that decision was upheld after an internal appeal in March. M&S argued that the discount scheme was a major employee benefit, available to 70,000 staff, and that misuse had to be vigorously protected against.

Brennan’s case was that he did not know his then partner had copied the app credentials from his tablet. Once the misuse came to light, he stopped it and offered to repay the €464.39 in discounts claimed through the account. His union representative, Eoin Coates of Mandate, said the retailer could have imposed a severe lesser sanction rather than ending Brennan’s employment.

Adjudicator Michael McEntee accepted that Brennan had been careless with the device, but found dismissal was an excessive penalty. He set headline compensation at €4,000, then cut it by 50% because Brennan had contributed significantly to the circumstances. The final award was €2,000, a little over one month’s pay.

Workplace Relations Commission

Ireland’s body for hearing workplace disputes, including unfair-dismissal complaints.

Redress

The remedy ordered after a successful complaint, in this case financial compensation.

Final written warning

A serious disciplinary sanction that stops short of dismissal and was identified as an available alternative.

The Response

M&S maintained that Brennan knew the rules and that trust had been irreparably damaged. Evidence from the company described the discount as a valuable benefit that required strict protection, while the internal appeal manager said she had considered the case in detail before confirming dismissal.

It seemed excessive to classify as a dismissible offence, the act of allowing through carelessness your domestic partner to seriously misuse, unknown to the [worker], a staff discount scheme.

McEntee nevertheless made clear that Brennan was not blameless. The ruling balanced two findings: M&S had a legitimate reason to protect its scheme, but Brennan’s admitted carelessness did not justify the most severe sanction when a final written warning or another serious penalty was available. The full WRC case report also records that Brennan found comparable work with a competing retailer soon after his dismissal.

What It Means for You

For M&S employees and other retail workers in Britain, the decision is not a ruling under UK employment law, because it was made by Ireland’s WRC under the Unfair Dismissals Act 1977. Its practical relevance lies in the workplace question it exposes: how far can an employer hold someone responsible when digital staff benefits are misused by another person without the employee’s knowledge?

The case also shows why staff should treat app-based discounts like payment credentials. Leaving a logged-in tablet accessible can create disciplinary risk even when the employee does not personally make the purchases. At the same time, the ruling says employers should match the sanction to the conduct proved, rather than treating every breach connected to an account as deliberate abuse.

Coming Up

The published decision resolves Brennan’s complaint and orders M&S to pay €2,000. No further hearing, appeal date or additional enforcement step is identified in the supplied reports. The confirmed next consequence is therefore the compensation award, alongside the wider attention the case is likely to draw to staff-discount controls and proportional disciplinary action.

At a Glance

• Mark Brennan worked for M&S for more than 10 years.
• His discount credentials were used 73 times between 31 October and 17 December 2024.
• Only one transaction was linked to his own payment card.
• He offered to repay €464.39 in discounts.
• The WRC found dismissal was excessive but blamed Brennan for significant carelessness.
• Compensation was reduced from €4,000 to €2,000.