During lockdown in 2021, the Financial Conduct Authority warned advisors of the risks of using such mechanisms as WhatsApp for regulated activities given the challenges in ensuring effective monitoring of communications. With the rise of home working this has become more of an issue, particularly for regulated businesses. The employer should consider investigating further and taking disciplinary action where appropriate.Įmployers should reinforce to staff what is expected of them in terms of communication, including on apps such as WhatsApp, and they should seek to cover the topic in any related training on appropriate behaviour for staff and contractors. While in some situations, depending on the context of the WhatsApp group, the employees may argue that these communications took place outside of working hours or outside the course of employment, that doesn’t mean the employer should leave the issue to rest. What action can employers take if employees have been engaged in inappropriate WhatsApp conversations with colleagues?Įmployers should speak to the employees involved to gain a better understanding of the background and context. In certain circumstances the employer could be liable for the discriminatory actions of their employees and be subject to legal proceedings, which could leave the employer exposed financially as well as suffering from reputational damage. If any of the WhatsApp communications between colleagues involve ‘banter’, jokes, comments or sharing of inappropriate images that are discriminatory in nature, employees may raise grievances, allegations of bullying or harassment, or even seek to bring tribunal claims for discrimination or whistleblowing. What are the risks to employers of employees using apps such as WhatsApp to communicate with colleagues? In this article we look at the use of WhatsApp by employees and key questions for employers. This is an area of increasing importance for employers, particularly as the pandemic has resulted in employees seeking ways to re-invent the ‘water cooler’ chat or to keep up relationships while they are working remotely. Boris Johnson’s use of WhatsApp for government business has recently hit the headlines and brings to the fore the blurring of lines between the use of WhatsApp for personal communications, interactions between colleagues and for business purposes.
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