Mary Walker quoted by The Telegraph exploring the use of WhatsApp amongst employees
Monday 2nd December 2024
Mary Walker, partner and employment expert at Gordons has been quoted in The Telegraph discussing the appropriate use of WhatsApp amongst employees and what employers can do to mitigate the risk of improper use.
The number of employment tribunals making reference to WhatsApp has almost tripled since 2020, from 150 hearings to 427, according to analysis of the HM Courts and Tribunal Service records.
“While employers should be careful to not be overly severe if there is a “hasty” or “rushed” element to a WhatsApp message, such as informal language, there are instances where more serious action is required.
“Messages which are obscene or defamatory must always be investigated by employers, especially if the content discusses protected characteristics laid out in the Equality Act such as gender, race or age.
“These could be considered grounds for dismissal. The same is true if there are threats of violence or serious harm,” Mary comments.
This aligns with a number of incidents amongst organisations where WhatsApp has been used improperly.
Mary also highlighted the importance of data governance when it comes to employee use of WhatsApp.
“Other forms of WhatsApp messages which could be considered dangerous and sackable are those facilitating personal and sensitive data breaches. These could be subject to investigation by the Information Commissioner’s Office.
“As employers are data controllers, they are responsible for GDPR compliance and could face significant penalties depending on the severity of the information which is compromised and potential harm to individuals which could result.”
As a consequence, employers need to focus on policies which support appropriate use of WhatsApp as a colleague communications tool.
“Put simply, if it is something you wouldn’t say out loud, or to your family, it shouldn’t be on WhatsApp.
“Proactive steps from employers can address the informality of certain communications channels.
“These can include updates to terms of employment contracts and code of practices, which can provide a clear standard around what is, and isn’t, appropriate material for certain channels.
“In some cases, it is subjective as to what constitutes whether an inappropriate WhatsApp message is sackable. However, this highlights the importance of workplace culture.
“If one is fostered which dismisses obscene messages as “banter”, then the likelihood of a more toxic culture escalates and would be viewed poorly by outside audiences, or an Employment Tribunal.”
You can read Mary’s comments online in The Telegraph here (subscription required).
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