Nurse Wins Unfair Dismissal Case After Patient’s Pregnancy Claim Led to Suspension

An employment tribunal has ruled in favor of a nurse, who was suspended for over two years after a patient alleged she was carrying his child, in an unfair dismissal claim. Jessica Thorpe described the period as years of “torture” following her legal action against Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust. Her suspension began in 2020. Although a subsequent disciplinary hearing did not substantiate the accusation, she did not receive written confirmation of this, and her suspension remained in effect. The trust expressed its “disappointment” regarding the employment tribunal’s decision and stated its intention to review the situation for potential lessons. Ms Thorpe was permitted to resume her duties in October 2022, but she resigned from her position in November of the same year. Ms Thorpe initiated legal proceedings against the trust, alleging constructive unfair dismissal, unlawful deduction of wages, and breach of contract, prevailing on all three charges. She had commenced her employment with the trust in 2016 as a healthcare assistant, advanced to nursing assistant in 2018, and in January 2020 began a four-year nursing degree apprenticeship at Sunderland University, which enabled her to maintain her employment. The patient involved, identified as Patient X, was an individual residing in a ward designated for males with mental health disorders, having been transferred from a prison facility. On April 27, 2020, Patient X asserted an inappropriate relationship with Ms Thorpe and claimed she was pregnant. Ms Thorpe’s suspension occurred three days later, and in May 2020, she was informed of an impending disciplinary investigation. The investigation did not commence until July 2021, during which period her suspension was repeatedly prolonged, despite Patient X’s death in December 2020. Evidence presented at the Newcastle hearing also indicated that she received only basic pay while suspended, resulting in a loss of approximately £1,000 per month, though the trust subsequently issued some back payments. A panel concluded in July 2021 that there was no “conclusive evidence” to support the allegation of a relationship, leading to the lifting of her suspension. Nevertheless, Ms Thorpe did not receive written confirmation of this outcome. Instead, on July 30, she was sent a letter stating that the panel could not reach a conclusion due to “other investigations which are active and involve other agencies.” Following the publication of the judgment, Ms Thorpe issued a statement on social media, indicating her inability to comment fully as the proceedings had not yet reached their complete conclusion. She wrote, “All I will say for now, is that these last four and a half years have been torture for me, and I did not deserve a second of it.” She added, “I’m just glad that the end of the road is near.” Ms Thorpe further stated that the experience had stolen “years of my time and happiness” and affirmed she would not permit it to “steal any more.” Lynne Shaw, the executive director of workforce and organisational development at the trust, commented: “The trust is disappointed with the outcome of the tribunal. However, we respect the findings of the tribunal and will look at what lessons can be learned.”