An NHS nurse has won an unfair dismissal claim after being banned for two years following allegations that she was pregnant with a male patients’ child.
Jessica Thorpe came under the microscope by a hospital trust in April 2020 three days after a patient -known only as Patient X – claimed that he was having an ‘inappropriate relationship’ with her. The patient was being treated in a secure facility for men who have come into contact with the criminal justice system, and he later died in December that year.
The former healthcare and nursing assistant was suspended by Cumbria, Northumberland Tyne and Wear NHS Foundation Trust, despite Patient X’s death, The Mirror reports.
Ms Thorpe became a social media influencer running accounts Slice of Jess which saw her earn almost £20,000 a year. She was told she could return to work, but resigned instead.
Ms Thorpe had to wait until July 2021 – more than a year after accusations were made. A panel ruled there was no ‘conclusive evidence’ to uphold the allegation. Despite this decision, Ms Thorpe never received an outcome letter and was told by the trust that it hadn’t yet reached a conclusion.
Judge Simon Loy told a tribunal hearing in Newcastle: “The tribunal has concluded that there was no reasonable and proper cause for [Ms Thorpe’s] continued suspension and/or being placed in double jeopardy after July 21, 2021.” He added that Ms Thorpe was in an “entirely unsatisfactory position”.
During her suspension, the nurse started to share pictures of food on Instagram, which led to her amassing some 50,000 followers and becoming a food influencer. Judge Loy said: “Around the same time, [Ms Thorpe] started making YouTube videos. By the time her witness statement was made, the claimant had 25,000 subscribers to her channel,” the tribunal heard.
Tax returns presented to the tribunal showed that the nurse’s income from Google rose from £4,211.00 in 2021 to £19,222.00 in 2023. Ms Thorpe sued for unfair constructive dismissal, breach of contract, and unlawful deduction of wages, all of which were upheld.
The tribunal accepted that Ms Thorpe’s desire to pursue a career as a social media influencer and to avoid working at the Trust were both reasons that were ‘influential’ on her decision to resign. Judge Loy said for this reason, they had ‘considerable sympathy’ for the Trust’s position.
“It is after all an oddity of this case that after over two years of calling on the respondent to perform its side of the contract, [Ms Thorpe] resigned when in other contexts the breach might be considered as having been remedied,” the judge said. “However, the tribunal must apply the applicable legal principles.
“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.”
The tribunal ruled in Ms Thorpe’ favour and her pay out will be decided at a future hearing.
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