Nurse suspended after patient baby claim wins dismissal case against NHS trust

A nurse who was suspended for more than two years after a patient claimed she was pregnant with his child has won an unfair dismissal claim.

Jessica Thorpe said she had been living through years of “torture” after taking action against Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust.

She was suspended in 2020 and while a disciplinary hearing did not uphold the allegation, she was not given written confirmation and her suspension continued.

The trust said it was “disappointed” by the employment tribunal outcome and would look at what could be learned.

Ms Thorpe was eventually allowed to return to work in October 2022, but resigned the following month.

She sued the trust for constructive unfair dismissal, unlawful deduction of wages and breach of contract, and won all three counts.

Ms Thorpe joined the trust in 2016 as a healthcare assistant. She was promoted to nursing assistant in 2018, and in January 2020 started a four-year nursing degree apprenticeship at Sunderland University, which allowed her to continue to work.

The patient, known as Patient X, was at a ward for males with mental health disorders and had been referred from a prison facility.

On 27 April 2020, he alleged he was having an inappropriate relationship with her and claimed she was pregnant.

Ms Thorpe was suspended three days later and the following month was told there would be a disciplinary investigation.

The investigation did not happen until July 2021, during which time her suspension kept getting extended, although Patient X had died in December 2020.

The hearing in Newcastle was also told she was receiving only basic pay and losing about £1,000 a month while suspended, although the trust later made some back payments.

In July 2021, a panel ruled there was no “conclusive evidence” to uphold the relationship allegation and the suspension was lifted.

However, Ms Thorpe did not receive written communication to confirm the outcome.

Instead, on 30 July she received a letter which said the panel was not in a position to reach a conclusion because of “other investigations which are active and involve other agencies”.

In a statement posted on social media after the judgement was published, Ms Thorpe said she was not able to comment as proceedings had not fully concluded.

“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 wrote.

“I’m just glad that the end of the road is near.”

She added it had stolen “years of my time and happiness” and she would not allow it to “steal any more”.

Lynne Shaw, executive director of workforce and organisational development at the trust, said: “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.”