An NHS nurse has won an employment tribunal and received compensation after being suspended for over two years due to a false allegation made by a patient.
Jessica Thorpe, a former nurse with Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust, was suspended from her role after a male patient reported to another staff member that she was pregnant with his child. Thorpe was removed from duty while the trust conducted an investigation.
The trust’s initial disciplinary hearing found the allegation to be unsubstantiated, and the claim was not upheld. However, after the patient died, the trust launched a second investigation. Thorpe remained suspended throughout both processes, totaling 29 months away from work.
During the suspension period, Thorpe raised concerns about the length of the investigation and the way the matter was being handled. “I honestly felt a bit sick — I couldn’t believe that it had actually escalated this far, considering I had already raised concerns,” she said. “I don’t disagree with being suspended. It’s just the way that they dealt with it afterwards.”
Although the allegations were dismissed, Thorpe later resigned from her role, stating that her reputation had been harmed and she did not feel adequately supported by the trust. She also cited ongoing gossip among colleagues regarding the false allegation. According to her, this contributed to her decision not to return even when she was cleared for work.
The trust claimed that it had prepared a return-to-work plan and assigned a mentor to support her reintegration. Lynne Shaw, Executive Director of Workforce and Organisational Development at the trust, said: “Ms Thorpe decided to end her employment with the trust despite the support arrangements that were put in place.”
Thorpe took legal action against the trust, filing claims for constructive unfair dismissal, unlawful deduction of wages, and breach of contract.
The employment tribunal ruled in her favour on all three counts. She was awarded £24,118 in compensation.
During the tribunal proceedings, the trust argued that Thorpe’s real reason for leaving was to pursue a career as a social media influencer.
While suspended, she built a following of approximately 60,000 users on Instagram under the handle “slice of Jess,” where she posted food-related content. She reportedly earned around £20,000 a year from the platform.
The tribunal acknowledged that the timing of Thorpe’s resignation was “an oddity,” but concluded that this did not undermine her claims. Employment Judge Sharon Langridge ruled that if Thorpe explored other income opportunities during her suspension, “so be it.” The tribunal found the trust’s handling of the suspension and internal workplace environment to be the principal cause of her resignation.
Thorpe said the tribunal process was difficult and expensive, but that she proceeded to formally challenge the trust in order to clear her name. “I thought, if I take them to tribunal then I can actually officially clear my name and say to them you can’t treat people this way.”
She also raised concerns about the broader financial implications of prolonged suspensions across the NHS. “We always hear that the NHS has got no money and they’re struggling for nurses, but they’re literally haemorrhaging money on cases like mine,” Thorpe said. “Lengthy suspensions are so expensive. Why is it that this is what taxpayers are spending their money on when it should be on care?”
Following the decision, Lynne Shaw said: “The trust is disappointed with the outcome of the tribunal. However, we respect the findings and will look at what lessons can be learned.”
