Novo Nordisk: alleged defamatory comments about an ex-service provider employee (AUTH/2697/1/14) – No breach

📅 2014 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2697/1/14
PartiesAssociate Director of Commissioning and ex-employee (complainant) v Novo Nordisk
IssueAlleged defamatory comments by three Novo Nordisk employees to NHS diabetes specialist nurses about why the complainant left his role (alleged dismissal, alleged complaints by a consultant/secretary, alleged SOP breach)
Complaint received21 January 2014
Case completed1 May 2014
Applicable Code year2012 (Panel applied 2014 Code as clauses were the same)
Clauses considered8.2, 9.1, 15.2
DecisionNo breach
AppealNo appeal
SanctionsNone

Download the full case report (PDF)


Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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What happened

  • An NHS associate director of commissioning (previously employed by a service provider working with Novo Nordisk on market access) complained about the conduct of three Novo Nordisk employees.
  • He said he resigned after six months due to the offensive behaviour of the three named employees.
  • He alleged two NHS diabetes specialist nurses told him the three Novo Nordisk employees had said he was dismissed because a diabetes consultant and the consultant’s secretary had made serious complaints about him, and that he had breached an internal SOP regarding payment for a meeting.
  • The complainant said these statements were false/defamatory and that the consultant and secretary denied making any complaint.
  • Novo Nordisk said the complainant did not identify the nurses and provided no evidence; two employees provided signed statements denying they made the alleged comments; the third employee was no longer employed by Novo Nordisk.
  • The Panel considered the matter potentially within scope because it concerned alleged external comments to health professionals about the complainant’s departure and conduct.
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Outcome

  • No breach of the Code was found.
  • The Panel ruled the complainant had not met the burden of proof (balance of probabilities) because the nurses were not identified and no evidence was provided that the comments were made.
  • No breach of Clauses 8.2, 9.1 and 15.2.
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