Jessica Thorpe, an NHS nurse, has won an employment tribunal after enduring a two-year suspension due to a false claim by a patient. The patient, housed in Ward Z—a secure unit for men with mental health disorders linked to the criminal justice system—alleged that Ms. Thorpe was in an “inappropriate relationship” with him and claimed she was pregnant with his child. Despite no conclusive evidence to support these allegations, Ms. Thorpe was kept from work for 29 months.
Ms. Thorpe, who worked for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust, was suspended in April 2020. A disciplinary hearing was delayed until July 2021, partly due to the patient’s death, but ultimately found no misconduct. However, she remained suspended, with the trust citing police investigations as justification.
Employment Judge Simon Loy ruled in Ms. Thorpe’s favor, condemning the trust’s decision to keep her suspended after the disciplinary hearing, stating there was “no reasonable and proper cause.” The tribunal upheld her claims of unfair constructive dismissal, breach of contract, and unlawful deduction of wages.
During her suspension, Ms. Thorpe began a food influencer account, “Slice of Jess,” amassing 50,000 Instagram followers and earning through YouTube, where she gained 25,000 subscribers. Tax documents showed her influencer income grew significantly, from £4,211 in 2021 to £19,222 in 2023. The trust argued her resignation was due to her desire to pursue social media; however, the tribunal found that her prolonged suspension and lack of support influenced her decision to leave.
Judge Loy noted the “oddity” of her resignation but ultimately ruled in her favor, acknowledging that her suspension had created an opportunity to explore social media work. Ms. Thorpe’s compensation will be determined at a later hearing.
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