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NHS Nurse Wins Unfair Dismissal Claim After Patient’s False Pregnancy Allegation

  • November 7, 2024
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In a significant employment tribunal victory, NHS nurse Jessica Thorpe has successfully claimed unfair dismissal after being suspended for two years due to an unsubstantiated allegation by a

NHS Nurse Wins Unfair Dismissal Claim After Patient’s False Pregnancy Allegation

In a significant employment tribunal victory, NHS nurse Jessica Thorpe has successfully claimed unfair dismissal after being suspended for two years due to an unsubstantiated allegation by a patient. Thorpe was a nurse at a secure mental health facility managed by the Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust when she faced accusations from a patient, known as Patient X, who claimed the two were in an “inappropriate relationship” and that she was pregnant with his child.

[Thorpe was suspended for more than two yearsINSTAGRAM/THESLICEOFJESS]

The Allegation and Suspension

The incident began in April 2020 when Patient X, a resident in a secure ward for men with mental health conditions who had contact with the criminal justice system, made his claims. Within days, Thorpe was suspended pending an investigation. The tribunal later heard there was no conclusive evidence of inappropriate behavior, and Thorpe was not found to have breached any professional boundaries. However, despite the dismissal of the allegations, she remained unable to return to work due to an ongoing police investigation into Patient X’s death, which occurred in the interim.

Tribunal Findings: “Enormous Period” of Suspension

A tribunal in July 2021 reviewed the case and ultimately ruled in Thorpe’s favor, noting the prolonged suspension as a central issue. Judge Simon Loy commented on the “enormous period” Thorpe faced without employment, concluding that the Trust’s refusal to reinstate her after the investigation’s end was unwarranted. The judge also refrained from making any factual findings on Patient X’s allegations, citing insufficient evidence.

Shift to Social Media: A New Career Path

During her suspension, Thorpe began sharing her passion for food on social media through an Instagram account, “Slice of Jess,” which quickly amassed over 50,000 followers. She also ventured into YouTube, where she found further success as a content creator. Tribunal evidence revealed her income from Google grew significantly, reaching £19,222 in 2023, compared to £4,211 in 2021.

The Trust argued that Thorpe’s resignation was motivated by her desire to pursue her social media career, a claim she disputed, stating that content creation had been a “hobby” to cope during her suspension. Thorpe claimed her resignation was influenced by the Trust’s failure to address harmful rumors about her alleged relationship with Patient X among her colleagues. Judge Loy acknowledged her social media work as a factor in her decision to leave but upheld that her suspension had been mishandled.

A Cautionary Tale for Employers

The tribunal’s decision in Thorpe’s favor serves as a reminder of the legal obligations employers face when handling workplace suspensions, particularly in high-stakes environments like healthcare. The ruling also highlights the potential for career shifts in the face of adversity, as Thorpe’s social media presence has now become a primary source of income.

For Thorpe, the victory marks the end of a prolonged ordeal and a new beginning outside the NHS, showing how digital platforms can provide opportunities when traditional paths are disrupted.

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