Tribunal Rules in Favour of Nurse Falsely Accused of Relationship with Patient
Jessica Thorpe, a former mental health nurse at NHS Foundation Trust in Cumbria, was awarded £23,500 after succeeding in claims for constructive unfair dismissal, unlawful deduction from wages, and breach of contract.
Background
In 2020, Ms Thorpe was suspended from her role following allegations made by a patient under her care, who claimed she was pregnant with his child.
Ms Thorpe had previously raised concerns about similar comments made by the same patient, reported this behaviour to senior staff and documented it in the patient’s notes, identifying it as part of his mental health condition.
Despite her reports, the Trust suspended her and initiated an investigation. Although the allegation was not upheld at a disciplinary hearing, Ms Thorpe remained suspended for nearly two years due to ongoing internal processes following the patient’s death.
Tribunal’s Findings
The tribunal found that the Trust’s actions amounted to a fundamental breach of contract, specifically the implied duty of mutual trust and confidence between employer and employee (constructive dismissal).
Although the original suspension was not criticised, the tribunal concluded that the prolonged nature of the suspension, lack of updates, and insufficient support for Ms Thorpe’s return created a working environment that was untenable.
The tribunal found that the Trust failed to properly reintegrate her after the allegations were dismissed, and the ongoing delay therefore caused significant emotional and professional harm.
These failings together justified her resignation and amounted to constructive unfair dismissal.
Ms Thorpe was awarded £23,500 in compensation in total.
Conclusion
While suspension may be appropriate in some circumstances, extended periods without resolution or support can amount to a breach of contract and provide risk of exposure of constructive dismissal claims.
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