A former NHS nurse has won an unfair dismissal claim after being suspended for more than two years when a patient claimed she was pregnant with his child.
Jessica Thorpe, who worked as a healthcare and nursing assistant for Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust, was placed under investigation in April 2020.
The investigation began just three days after a patient alleged he was having an “inappropriate relationship” with her.
The patient, known only as Patient X for legal reasons, died in December 2020.
Thorpe was suspended for more than two years
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Despite his death, Thorpe remained suspended from her position, enduring what the tribunal heard was a “series of extensions”.
She had worked for the trust since 2016, initially as a healthcare assistant before becoming a nursing assistant.
The trust kept her suspended until October 2022, when she was finally told she could return to work.
Thorpe resigned the following month, citing the trust’s failure to address workplace gossip about the alleged relationship and acknowledge her grievance.
Thorpe’s disciplinary hearing did not take place until July 2021 – more than a year after the accusations were made.
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A panel found no “conclusive evidence” to uphold the allegation against Thorpe
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A panel found no “conclusive evidence” to uphold the allegation, though the trust never provided her with an outcome letter.
Employment Judge Simon Loy told the Newcastle tribunal: “The tribunal has concluded that there was no reasonable and proper cause for [Thorpe’s] continued suspension and/or being placed in double jeopardy after July 21, 2021.”
The judge said this left Thorpe in an “entirely unsatisfactory position”.
During her suspension, Thorpe began sharing food content on Instagram, amassing 50,000 followers and becoming a food influencer.
She also launched a YouTube channel, creating approximately three videos per week and gaining 25,000 subscribers.
Thorpe has successfully sued for unfair constructive dismissal, breach of contract, and unlawful deduction of wages
PA
Her social media presence proved lucrative, with tax returns showing her income from Google rising from £4,211 in 2021 to £19,222 in 2023.
The trust attempted to argue that her resignation was motivated by her online career success, but Thorpe rejected this as “fanciful”, stating her social media accounts began merely as a “hobby” during suspension.
The tribunal accepted that Thorpe’s desire to pursue a social media career and work elsewhere were both influential factors in her resignation.
Judge Loy acknowledged this created “an oddity” in the case but stated: “There is no restriction on the innocent party to a repudiatory breach from seeking to earn money from other activities that are not expressly or impliedly prohibited by the contract of employment.”
Thorpe successfully sued for unfair constructive dismissal, breach of contract, and unlawful deduction of wages.
Her compensation will be determined at a future hearing.