Workplace WhatsApp messages can land employers in tribunal
Many workplaces now rely on WhatsApp groups, Microsoft Teams chats and instant messaging to communicate quickly with colleagues. Whilst these platforms are often informal, employers should remember that the standards of behaviour expected in the workplace apply just as much online as they do face-to-face.
A recent Employment Tribunal highlighted this after a female employee was awarded almost £14,000 when a manager shared a GIF containing the words “BITCH I AM LYING” in a workplace WhatsApp group.
The employer argued the message was intended as a joke between colleagues and that no offence had been intended. However, the Tribunal made it clear that intention is only one part of the legal test. What mattered was the effect the message had on the employee and whether it was reasonable for it to create a degrading, humiliating or offensive environment.
In this case, the Tribunal found that it did.
The employee had already experienced other inappropriate comments in the workplace, and the Tribunal concluded that the GIF contributed to an environment that amounted to unlawful harassment related to sex.
For employers, the message is straightforward. Workplace messaging platforms are an extension of the workplace. Whether comments are made on WhatsApp, Microsoft Teams, text messages or other instant messaging platforms, they can all form evidence in an Employment Tribunal.
This is particularly important where managers are involved. A message intended as humour, sarcasm or workplace “banter” may be interpreted very differently by the recipient. Emojis, GIFs and memes do not provide a defence simply because they are viewed as informal forms of communication.
Employers should also remember that workplace conversations are no longer limited to verbal discussions. Screenshots of messages are routinely relied upon during grievance investigations, disciplinary hearings and Employment Tribunal proceedings. Once a message has been sent, it can quickly become evidence.
The employee in this case was awarded almost £14,000, but the financial award is only part of the cost. Tribunal claims also bring management time, legal fees, reputational damage and disruption to the business.
Having clear standards of behaviour, providing managers with appropriate training and responding promptly when concerns are raised can significantly reduce the risk of informal online conversations becoming costly legal disputes. As technology continues to shape how we communicate at work, employers should ensure their workplace standards apply just as much behind a screen as they do in the office.
Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.
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