Work group chats have become a staple in modern workplaces, offering ease of use and an informal communication style. However, many employees and employers mistakenly assume these chats carry no legal consequences. This misconception couldn’t be further from the truth. According to recent data from law firm Nockolds, the use of WhatsApp messages in tribunal cases has surged by 185% over the past five years. In 2024 alone, messages from the app were used in 427 tribunal cases.
So, how can you navigate the risks and ensure group chats enhance rather than harm your workplace?
Dos and Don’ts of Work Group Chats
DO: Include everyone in the Group Chat. The case of Mr M Brosnan vs Coalo Limited in 2023 illustrates the costly consequences of excluding employees from work group chats. Mr Brosnan had been left out of the Work Group Chat as he was ill when it was created. However this chat was used to communicate important information within the business – including health and safety information. As a result, the claimant later sustained lower back injuries in January 2019 and April 2021 whilst working in confined spaces. The judge had little sympathy for the employer, awarding £130K in the case.
Not only did tribunal touch on the miscomunication problems. Additionally, the judge warned about the social side of excluding employees from a group chat. At the tribunal, the judge warned that purposeful exclusion could constitute ‘unfavourable treatment’ under the Equality Act. In fact, in the case £18K was awarded for injury to feelings of the respondent.
DON’T: Allow disrespectful behaviour. This point was made clear in the case of Miss Emma Bond vs Police Service Northern Island. Miss Bond suffered misogynistic abuse by colleagues in a private group chat. The offence terms referring to Derry Police commander Emma Bond were later read out during a hearing of her sex discrimination claim. In one chat a male colleague said ‘what a f*****g stupid c**t think we all know how she got promoted’. Not only does this breed a toxic work culture, but also breaks UK discrimination law. As a protected trait, discrimination on the grounds of sex is prohibited in the UK. Miss Bond was successfully able to prove that an equivalent male colleague would not be treated in this way, leading her to win her claim with an award of £31K.
Similarly, Ms Abdi was subject to discriminatory abuse in another private Group Chat in the case of Ms Abdi vs Deltec International. This time, Ms Abdi was insulted due to her race and religion. Ms Abdi, who wears a headscarf, was referred to as a ‘postbox’, ‘terrorist’ and ‘f****g immigrant’ in private messages by her colleagues. One message even threatened to ‘rip her headscarf off’. Shockingly, the chat included her direct line manager, who did nothing to put a stop to the abuse. Also protected by the 2010 Equality Act, in this case, Ms Abdi was awarded £25K, including £20K for injury to feelings.
DO: Respect privacy. In the case of FKJ vs RVT and others, an employee made an employment tribunal claim for sexual harassment. In their defence, the Respondents cited private messages between the Claimant and her boyfriend and her best friend. The messages, which numbered over 18 000 over two years, included personal details about the Claimant’s health and sex life. The Respondent claimed to have found the messages on the Claimant’s work laptop following her dismissal. The Claimant claimed her private messages were hacked, with the Respondent using them to undermine her claim.
Following the tribunal, the Claimant filed for damages in a misuse of private information claim. The judge in the tribunal case described the use of the messages as a “very serious breach of her private information”. In the subsequent case, damages will be assessed to reflect the Claimant’s loss of control of her private information, her distress and aggravated damages, with a high award expected.
What Employers Need to Do
As these recent legal cases highlight, courts do regard informal communication as evidence. Employers should ensure there are policies in place which set out the protocols that apply and ensure all staff are fully conversant with their responsibilities and the conduct that is expected. Ideally undergoing training. Employers should ensure attendance at the training sessions is documented and refresher training is undertaken at regular intervals.