A whistleblower deemed “problematic” because she said an IVF clinic was misleading patients was wrongfully sacked, an employment tribunal has ruled.
Ann Henderson, a lab manager, worked at a private IVF clinic in Glasgow where she was also the most senior embryologist.
But Henderson was sacked by TFP Fertility after she raised concerns about the operation of the clinic in 2019. One worry, she told management, was that IVF patients “were effectively being misled about their prospects” of success.
Mark Tomnay, the commercial director at TFP, dismissed her concerns because, a hearing was told, they would “impact negatively on patient numbers and therefore income”.
After several complaints, Henderson was eventually ousted by TFP in what has now been ruled to be a case of unfair dismissal.
“[I] asked too many questions, tried to take care when implementing changes, raised numerous items of concern, tried to prevent further risky stretching of the system and tried to ensure the lab team work as safely as possible”, Henderson commented.
Judge Brian Campbell ruled in favour of “Ms Henderson’s belief that she was making her disclosures in the public interest”.
In 2021, a review of IVF clinics concluded that the industry exaggerated the success rate of IVF, often guaranteeing women a baby when only 20% of IVF cycles in Britain lead to a live birth.
SPUC comment
A SPUC spokesperson said: “The IVF industry is founded on the exploitation of desperate individuals who want to have children. Lying about success rates is common practice, showing where the true priorities of this industry are – money, not life.
“As well as trading on heartbreak, IVF turns human embryos into a commodity. Many embryos are later destroyed. In 2017 alone, 174,622 embryos were discarded in the UK.
“While every birth is to be welcomed, the process of IVF is highly destructive and exploitative, a shocking reality that the industry has sought to suppress, as we see here.”
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