'NHS nurse influencer' wins unfair dismissal claim two years after pregnancy claim

NHS caregiver influencer Jessica Thorpe was placed nether probe by a infirmary spot successful April 2020, 3 days aft Patient X claimed she was having his baby

A caregiver who was suspended for much than 2 years aft a antheral diligent claimed she was large with his child, has won an unfair dismissal claim.

Jessica Thorpe was placed nether probe by a infirmary spot successful April 2020 3 days aft a diligent - known lone arsenic Patient X - claimed that helium was having an 'inappropriate relationship' with her. He was a diligent successful a unafraid installation for men who person travel into interaction with the transgression justness system, and helium died aboriginal successful December that year.

Despite his death, Ms Thorpe, who had worked for Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust since 2016 arsenic a healthcare and aboriginal a nursing assistant, remained suspended. She ran societal media influencer accounts Slice of Jess which reportedly earned her astir £20,000 a year. She was told she could instrumentality to work, but resigned instead.

Ms Thorpe said her disciplinary proceeding did not instrumentality spot until July 2021 - much than a twelvemonth aft the accusations were made. A sheet ruled determination was nary 'conclusive evidence' to uphold the allegation, but she ne'er received an result missive and was told by the spot that it hadn't yet reached a conclusion.

Judge Simon Loy told a tribunal proceeding successful Newcastle: "The tribunal has concluded that determination was nary tenable and due origin for [Ms Thorpe's] continued suspension and/or being placed successful treble jeopardy aft July 21, 2021." He added that Ms Thorpe was successful an "entirely unsatisfactory position".

During her suspension, the caregiver started to stock pictures of nutrient connected Instagram, which led to her amassing immoderate 50,000 followers and becoming a nutrient influencer. Judge Loy said: "Around the aforesaid time, [Ms Thorpe] started making YouTube videos. By the clip her witnesser connection was made, the claimant had 25,000 subscribers to her channel," the tribunal heard.

Tax returns presented to the tribunal showed that the nurse's income from Google roseate from £4,211.00 successful 2021 to £19,222.00 successful 2023. Ms Thorpe sued for unfair constructive dismissal, breach of contract, and unlawful deduction of wages, each of which were upheld.

The tribunal accepted that Ms Thorpe's tendency to prosecute a vocation arsenic a societal media influencer and to debar moving astatine the Trust were some reasons that were 'influential' connected her determination to resign. Judge Loy said for this reason, they had 'considerable sympathy' for the Trust's position.

"It is aft each an oddity of this lawsuit that aft implicit 2 years of calling connected the responsive to execute its broadside of the contract, [Ms Thorpe] resigned erstwhile successful different contexts the breach mightiness beryllium considered arsenic having been remedied," the justice said. "However, the tribunal indispensable use the applicable ineligible principles. There is nary regularisation connected the guiltless enactment to a repudiatory breach from seeking to gain wealth from different activities that are not expressly oregon impliedly prohibited by the declaration of employment."

The tribunal ruled successful Ms Thorpe' favour and her wage retired volition beryllium decided astatine a aboriginal hearing.