London, November 7, 2024 (Yes Punjab News)
Jessica Thorpe, an NHS nurse and social media influencer, has won her unfair dismissal claim after being wrongfully suspended from her position with Cumbria, Northumberland, Tyne, and Wear NHS Foundation Trust.
Thorpe, who had worked with the trust since 2016, was suspended for over two years following claims by a patient, referred to only as “Patient X,” that she was pregnant with his child. Thorpe successfully sued the trust for unfair constructive dismissal, breach of contract, and unlawful deduction of wages.
Patient’s Allegations Lead to Prolonged Suspension
Thorpe’s suspension began in April 2020, three days after Patient X, a male in a secure mental health facility who had come into contact with the criminal justice system, alleged that he and Thorpe were involved in an “inappropriate relationship.” Patient X, who passed away later that year, claimed that Thorpe was “pregnant with his child.”
A tribunal heard that while some colleagues noted a “blurring of boundaries” due to the patient’s positive response to Thorpe, an investigation ultimately found no “conclusive evidence” to support allegations of inappropriate behavior.
In July 2021, over a year after her suspension, Thorpe attended a disciplinary hearing, which cleared her of the main allegations. However, she was informed that she would remain suspended until police investigations into Patient X’s death and the trust’s internal review were concluded.
Trust’s Delay and Thorpe’s Frustration with the Process
Thorpe’s suspension was extended repeatedly, leaving her unable to return to work. She alleged that the trust failed to address her grievances over rumors of an “alleged relationship” circulating among colleagues. After two years of suspension, she was finally notified in October 2022 that she could return to work, but Thorpe resigned in November, citing frustration with the trust’s handling of her case and lack of support.
Emergence as Social Media Influencer During Suspension
During her suspension, Thorpe began posting food-related content on social media under the account “Slice of Jess.” Her online presence grew significantly, with her Instagram following reaching 50,000 and her YouTube channel amassing 25,000 subscribers.
Tax records submitted to the tribunal revealed her earnings from Google, which grew from £4,211 in 2021 to nearly £19,222 in 2023. The trust argued that Thorpe’s decision to resign was influenced by her new income source, a claim she disputed, explaining that her social media activity started merely as a hobby.
Tribunal Ruling and Implications for the NHS Trust
Judge Simon Loy, presiding over the employment tribunal, ruled in Thorpe’s favor, stating that there was no “reasonable and proper cause” for her extended suspension or continued employment restrictions after the disciplinary panel’s findings in July 2021. He acknowledged Thorpe’s newfound interest in social media had some influence on her decision to resign but found that the trust’s conduct had left her in an “unsatisfactory position.”
Judge Loy also noted the unusual length of Thorpe’s suspension and the trust’s failure to act on her grievances. While he expressed sympathy for the trust’s position, he emphasized that Thorpe’s resignation could not be solely attributed to her social media success. Thorpe’s compensation is expected to be determined in a future hearing.
FAQs
1. Why was Jessica Thorpe suspended from her position with the NHS trust?
Jessica Thorpe was suspended in 2020 after a patient in a secure mental health facility alleged that she was pregnant with his child, implying an inappropriate relationship. These allegations, however, were found to lack conclusive evidence.
2. How did Jessica Thorpe become a social media influencer?
During her prolonged suspension, Thorpe started sharing food content on her Instagram account, “Slice of Jess,” which quickly gained popularity. By 2023, her earnings from social media reached nearly £20,000 a year, with thousands of followers on both Instagram and YouTube.
3. What did the tribunal rule in Thorpe’s favor?
The tribunal concluded that Thorpe’s extended suspension was unwarranted and ruled in her favor for unfair constructive dismissal, breach of contract, and unlawful deduction of wages. Her compensation will be decided in a future hearing.
4. Did the tribunal address the allegations of an inappropriate relationship?
The tribunal ruled there was no “conclusive evidence” to support the allegations, and Thorpe’s suspension was deemed unfair. The judge clarified that the tribunal would not make findings on the accuracy of Patient X’s claims.
5. What was the NHS trust’s response to Thorpe’s resignation?
The NHS trust argued that Thorpe’s resignation was influenced by her growing income as a social media influencer. However, the tribunal found that the trust’s handling of her suspension and failure to address her grievances contributed significantly to her decision to leave.
