Impossible to check food expiry dates in time, says ex-M&S sales adviser

A former sales adviser in the food section in the Killarney branch of Marks and Spencer Ireland says he was unfairly dismissed.

Sean Daly, of Cahernane Meadows, Killarney, said staff were bullied into signing off on having checked food’s expiry dates when they had not. At one point, Mr Daly wrote directly to the chair of M&S, Stuart Rose, claiming to have found food items on sale which were out of date — in one case four weeks out of date — and that it was “humanly impossible” to complete a check in the time allocated.

Mr Daly began work in the general merchandise section of the Killarney M&S in Mar 2008, and in Sept 2009 moved to the food hall. His pay was €473.31 gross per week. His employment was ended in Feb 2011, and he is seeking re-instatement.

Ten or 11 colleagues had been disciplined for missing items of date expired food in Killarney, he claims.

M&S agrees Mr Daly was dismissed but it denies he was unfairly dismissed, and said it will be its case that he was dismissed following “a series of breaches of standards”, the tribunal was told on the opening day.

Killarney M&S store manager Paul Daly & said identifying date expired food was one of the most important jobs of a store manager.