An NHS nurse turned social media influencer has won an unfair dismissal claim after she was suspended for more than two years when a patient claimed she was pregnant with his child.
Jessica Thorpe was placed under investigation by a hospital trust in April 2020 three days after a patient claimed that he was having an ‘inappropriate relationship’ with her.
The patient, named only as Patient X for legal reasons, was at the time in a secure facility for men with who have come into contact with the criminal justice system. He died in December that year.
Miss Thorpe, who had worked for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust since 2016 as a healthcare and later a nursing assistant, then had to endure a ‘series of extensions’ to her suspension.
But she quit a month after she was finally told in October 2022 that she could return to work saying the trust had failed to acknowledge a grievance she had raised or address any ‘gossip’ about the ‘alleged relationship’ from colleagues.
Nurse turned social media influencer Jessica Thorpe was placed under investigation by a hospital trust in April 2020 – three days after a patient claimed that he was having an ‘inappropriate relationship’ with her
Miss Thorpe, who had worked as a healthcare and later a nursing assistant for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust since 2016, then had to endure a ‘series of extensions’ to her suspension
The trust tried to argue that the ‘real reason’ for her quitting was so that she could continue to pursue her career online where she had set up Instagram and YouTube accounts Slice of Jess which was earning her almost £20,000 a year.
The nurse ‘rejected’ this assertion, branding it ‘fanciful’, and said that the ‘Slice of Jess’ account only started during the suspension as a ‘hobby’.
Although an employment judge remarked about the ‘oddity’ of the the timing of her resignation, he ruled in Miss Thorpe’s favour saying there was an ‘enormous period’ in which she was suspended from work.
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.’
Miss Thorpe’s disciplinary hearing did not take place until July 2021 – more than a year after the accusations were made.
A panel ruled there was no ‘conclusive evidence’ to uphold the allegation, but the Sunderland University student never received an outcome letter and was told by the trust that they hadn’t yet reached a conclusion.
This is because the Trust’s COO had ‘subsequently reviewed’ the witness statements and had ‘concerns’.
The hearing heard that Miss Thorpe was told that she would not be returning to work until the police investigation into Patient X’s death and the Trust’s own serious incident process procedure had been completed.
Judge Loy said this left Miss Thorpe in an ‘entirely unsatisfactory position’.
In October 2022, Miss Thorpe was finally sent an email which outlined her return to work.
But she resigned the following month on November 11.
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: ‘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 made, the claimant had 25,000 subscribers to her channel,’ the tribunal heard.
‘She made some 580 videos in three years which is approximately three videos per week.
‘This is capable of generating money from Google who place advertisements based on their own algorithm, which presumably assesses the commercial value of the volume and profile of a person’s followers/subscribers.’
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.
Miss Thorpe was told the allegation relating to Patient X was not upheld, due to a lack of ‘conclusive evidence’.
It was said that there was a ‘blurring of boundaries’ due to the patient ‘responding well’ to Miss Thorpe.
But she quit a month after she was finally told in October 2022 that she could return to work saying the trust had failed to acknowledge a grievance she had raised or address any ‘gossip’ about the ‘alleged relationship’ from colleagues
Another allegation, relating to accessing the NHS computer system without permission, was upheld and Miss Thorpe said despite receiving the outcome of a warning orally, she was told she’d have to wait for written confirmation.
Notably, the tribunal said they would make no attempt to address or make factual findings on whether or not the allegations relating to Patient X were accurate.
Miss Thorpe sued for unfair constructive dismissal, breach of contract and unlawful deduction of wages, all of which were upheld.
The tribunal accepted that Miss 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’ on her decision to resign.
Judge Loy said for this reason, they have ‘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, [Miss 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.
‘If the duration of [Miss Thorpe’s] suspension gave her an opportunity to explore the potential for social media activities to generate income then so be it.’
Judge Loy said the trust had not ‘advanced a case’ that her constructive dismissal was ‘fair’, and so her claims were upheld.
Her compensation will be decided at a future hearing.
