Anonymous v Otsuka: employee bought drinks for an intoxicated delegate in a public bar after a meeting dinner

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Key facts

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Case	AUTH/2752/3/15
Parties	Anonymous v Otsuka Pharmaceuticals (UK)
Issue	Conduct of an employee; purchase of drinks for an apparently intoxicated delegate in a public bar after a meeting dinner
Location / context	British clinical group meeting in Ireland; public hotel bar following gala dinner
Complaint received	17 March 2015
Case completed	28 April 2015
Applicable Code year	2014
Breach clauses	2, 9.1 and 22.1
Appeal	No appeal
Sanctions	Undertaking received; Advertisement
Notable detail	Woman’s identity/professional status unknown; described as a “researcher”; Panel held Clause 22.1 expectations apply irrespective of status, especially when unknown

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

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An anonymous, non-contactable complainant alleged inappropriate conduct and hospitality by a male Otsuka Pharmaceuticals (UK) employee after a dinner linked to a meeting in Ireland (January 2015).
After the gala dinner, Otsuka staff were in a public hotel bar (open to the public and other delegates, including UK health professionals).
A woman (identity and professional status unknown; described by some witnesses as a “researcher”) approached the senior male employee and appeared intoxicated.
The senior employee instructed colleagues to buy her drinks; two small glasses of wine were purchased and later a glass of water (one colleague bought water contrary to his instruction).
The interaction was described as flirtatious/tactile; the woman left the bar and the senior employee left shortly afterwards.
Otsuka argued the woman was not necessarily a health professional/relevant decision maker and that the level of hospitality was not unreasonable; it also commenced an internal disciplinary process because the conduct was inconsistent with its SOP.

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