Former NHS Nurse, Jessica Thorpe Wins Unfair Dismissal Claim After Lengthy Suspension Over Alleged Patient Relationship

A former NHS nurse and now a successful social media influencer has won her unfair dismissal claim after being suspended for over two years due to allegations made by a patient. Jessica Thorpe, who worked for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust since 2016, faced an investigation beginning in April 2020 after a patient claimed he was involved in an “inappropriate relationship” with her.

The patient, identified only as Patient X, was in a secure facility for individuals with criminal justice backgrounds and passed away in December 2020. Though the Trust ultimately found no conclusive evidence to uphold the patient’s claims, Thorpe remained suspended as the investigation extended over a prolonged period. Her disciplinary hearing was delayed until July 2021, more than a year after the initial allegations, and despite being verbally informed that the allegations were unfounded, she received no official documentation confirming her reinstatement.

Thorpe’s lengthy suspension became the subject of mounting frustration. Despite raising grievances about the gossip surrounding her at work, she ultimately resigned in November 2022, a month after the Trust finally indicated she could return. Thorpe cited a lack of support from the Trust and failure to address the workplace rumours.

The Trust argued that Thorpe’s real reason for leaving was to focus on her growing social media career. During her suspension, she began sharing food photos on Instagram under the handle “Slice of Jess,” amassing over 50,000 followers and expanding to YouTube, eventually gaining 25,000 subscribers. Tax records submitted during the tribunal revealed that her influencer income had grown significantly, reaching nearly £20,000 in 2023.

However, Thorpe countered that her social media presence began as a “hobby” and was not intended as an alternative career. An employment judge sided with Thorpe, ruling that her prolonged suspension was unreasonable and left her in an “entirely unsatisfactory position.” The judge noted that while the Trust may have sympathized with her need to earn income from other activities during her suspension, her claim of constructive dismissal was upheld.

The tribunal stopped short of ruling on the accuracy of Patient X’s allegations, instead focusing on the length and management of Thorpe’s suspension. It acknowledged that the suspension period gave her the opportunity to explore income through social media but noted that this did not invalidate her claim.

An upcoming hearing will determine Thorpe’s compensation for unfair dismissal, breach of contract, and unlawful wage deductions.

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