Healthy Skepticism Library item: 7093

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Brettingham M.
Roche employee wins partial victory.
BMJ 2006 Sep 9; 333:(7567):515
http://www.bmj.com/cgi/content/full/333/7567/515-a

Abstract:

A former senior manager at the pharmaceutical giant Roche has won her claim for unfair dismissal. But it is only a partial victory because a secondary claim of whistle blowing was not upheld.

Dr Ryta Kuzel, a former head of UK regulatory affairs at the company, which manufactures Herceptin (trastuzumab), Tamiflu (oseltamivir), and Lariam (mefloquine), launched legal proceedings against the firm after they escorted her from the company’s premises in March 2005.

The tribunal’s written judgment described Mike Doherty, Roche’s head of regulatory affairs, as acting in an “autocratic and irrational manner” and said they were confused as to why Dr Kuzel’s actions had justified her sacking. They added that Mr Doherty’s loss of temper appeared out of character.

They continued by saying that the decision “has had a catastrophic effect on Dr Kuzel and her career” and called it “a serious disregard of the statutory disciplinary procedures by a major employer.”

However, Dr Kuzel was unsuccessful in her secondary claim, made under the Public Interest Disclosure Act, that she had been sacked from Roche for whistle blowing.

Roche had previously claimed that Dr Kuzel was sacked after a breakdown of communication with senior colleagues. The company’s counsel accused her of bringing about “a breakdown in mutual trust.”

But she had told a previous hearing that she believed she had been fired after raising the alarm over Roche’s involvement with a network of Derbyshire slimming clinics (BMJ 2006;332: 441[Free Full Text]), a claim which Roche has always denied (BMJ 2006;332: 1175[Free Full Text]).

In 2005, Roche helped an investigation by the Medicines and Healthcare Products Regulatory Agency after it emerged that the company had been supplying quantities of the weight loss drug Xenical (orlistat) worth £80 000 (120 000; $150 000) a month to a slimming clinic based in a converted corner shop in Derbyshire.

It emerged that there were considerable concerns about the legitimacy of the operation. The agency later cleared Roche of wrong doing in connection with the case, however. The agency has confirmed that the investigation into the clinic is ongoing.

Dr Kuzel, who has previously held senior posts at SmithKline Beecham and Pharmacia, is now working as a consultant for Johnson & Johnson.

She alleges that she has suffered serious damage to her reputation as a result of Roche’s actions. “My dismissal and fight for justice has damaged my marketability. The nature of my dismissal has damaged my reputation,” she told the tribunal.

Roche dispute this. A spokesperson added, “We accept the tribunal’s ruling. We have acknowledged from the outset that the correct process for dismissing the claimant was not followed.

“However we are pleased that the tribunal recognised that the claimant was not dismissed because she raised regulatory concerns. We have always maintained that this was not the case. Roche takes its regulatory obligations very seriously and has a good track record of doing so.”

After the hearing, Dr Kuzel said, “I’m pleased that I’ve been successful and that I’ve been exonerated and vindicated. That was the purpose of being here.”

She is now pursuing reinstatement in her former post. The issue of compensation, likely to be in the region of £55 000 if awarded, has yet to be settled.

Keywords:
Drug Industry/legislation & jurisprudence* Employee Discipline/legislation & jurisprudence* Great Britain Humans Whistleblowing/legislation & jurisprudence* regulation laws alliances samples litigation