NHS nurse turned social media influencer wins unfair dismissal claim after being suspended for more than two years when patient said she was pregnant with his child

An NHS nurse turned social media influencer has won an unfair dismissal claim after being suspended for more than two years when a patient claimed she was pregnant with his child.

Jessica Thorpe was investigated by a hospital trust in April 2020, three days after a patient alleged he had an ‘inappropriate relationship’ with her.

The patient, referred to only as Patient X for legal reasons, was at the time in a secure facility for men who have come into contact with the criminal justice system. He died in December of that year.

Miss Thorpe, who had worked for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust since 2016 as a healthcare assistant and later as a nursing assistant, was subsequently given a ‘series of extensions’ to her suspension.

But she quit a month after she was finally told she could return to work in October 2022, saying the trust had failed to acknowledge a complaint she had made, or any “gossip” about the ‘ alleged relationship’ of colleagues.

The trust tried to argue that the ‘real reason’ for her dismissal was so she could continue her career online, where she had set up Instagram and YouTube accounts Slice of Jess, which earned her almost £20,000 a year.

The nurse “rejected” this claim, calling it “fanciful,” and said the Slice of Jess account only started as a “hobby” during the suspension.

Although an employment judge commented on the ‘oddity’ of the timing of her dismissal, he ruled in Ms Thorpe’s favor and said there was a ‘huge period’ during which she was suspended from work.

Speaking at a tribunal hearing in Newcastle, Judge Simon Loy said: ‘The tribunal has concluded that there was no reasonable and just cause for (Ms Thorpe’s) continued suspension and/or for being placed in double jeopardy after 21 July 2021. ‘

Ms Thorpe’s disciplinary hearing did not take place until July 2021 – more than a year after the allegations were made.

A panel ruled there was no ‘conclusive evidence’ to support the allegation, but the Sunderland University student never received an outcome letter and was told by the trust they had not yet reached a conclusion.

This is because the Trust’s COO had ‘subsequently reviewed’ the witness statements and had ‘concerns’.

During the hearing, Miss Thorpe was told she would not return to work until the police investigation into the death of Patient

Judge Loy said this left Miss Thorpe in a ‘completely unsatisfactory position’.

In October 2022, Miss Thorpe finally received an email detailing her return to work.

But she resigned the following month, on November 11.

During her suspension, the nurse started sharing photos of food on Instagram, which led to her amassing around 50,000 followers and becoming a food influencer.

Judge Loy said: “This is known as becoming a social media influencer.”

“Around the same time, (Miss Thorpe) started making YouTube videos. By the time her witness statement was given, the claimant had 25,000 subscribers to her channel,” the tribunal heard.

“She has created around 580 videos in three years, which equates to around three videos a week.

‘This could monetize Google placing ads based on their own algorithm, which presumably assesses the commercial value of the volume and profile of one’s followers/subscribers.’

Tax returns filed with the tribunal show the nurse’s income from Google increased from £4,211.00 in 2021 to £19,222.00 in 2023.

Ms Thorpe was told the allegation relating to Patient X was not accepted due to a lack of ‘conclusive evidence’.

It was said there was a ‘blurring of boundaries’ as the patient ‘responded well’ to Miss Thorpe.

Another charge, which related to accessing the NHS computer system without consent, was upheld and Ms Thorpe said that despite receiving the outcome of a verbal warning, she was told she had to wait for a written confirmation.

In particular, the tribunal said that they would not attempt to address or make factual findings as to whether or not the allegations relating to Patient X were correct.

Miss 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 work elsewhere than the Trust were both reasons that were ‘influential’ in her decision to resign.

Judge Loy said that for this reason they have ‘considerable sympathy’ with the Trust’s position.

‘It is, after all, a peculiarity of this case that after more than two years of relying on the defendant to perform its side of the contract, (Miss Thorpe) resigned when in other contexts the breach might have been regarded as remedied ‘, the judge said. said.

‘However, the tribunal must apply the applicable legal principles.

“There is no restriction on the innocent party in a repudiatory breach from attempting to make money from other activities not expressly or impliedly prohibited by the employment contract.

‘If the length of (Miss Thorpe’s) suspension gave her the opportunity to explore the potential of social media activity to generate income, then so be it.’

Judge Loy said the trust had not “made a case” that her constructive dismissal was “fair” and so her claims were upheld.

Her compensation will be decided at a future hearing.