The Thin Line Between Casual Chats and Professional Risks
In light of a recent BBC report unveiling disparaging comments made by Aberdeenshire school teachers about students and parents via WhatsApp, a burgeoning debate has been ignited about the role of such messaging platforms in professional settings. This scrutiny has intensified following the directive for Boris Johnson and others to submit their WhatsApp communications to the Covid-19 inquiry and the conviction of former Met Police officer Michael Chadwell for sending a racially offensive message in a WhatsApp group.
WhatsApp’s increasing ubiquity in workplaces juxtaposes its informal, personal communication roots against professional decorum and legal implications. The Aberdeenshire incident, where teachers made derogatory remarks about students, including those with additional support needs, underscores the potential risks. Despite an internal investigation by Aberdeenshire Council and subsequent disciplinary actions, the incident raises questions about the appropriateness and safety of such platforms for work-related discussions.
Legal experts, like Alan Lewis of Constantine Law, warn of the lack of employee awareness regarding the potential disclosure of WhatsApp messages in legal contexts. Unprofessional or inconsiderate communication can expose employers to legal liabilities, especially if the content is discriminatory. This was exemplified in a Watford Tribunal case involving Deltec International Courier employees which ruled that the contents of a group WhatsApp conversation used by employees of Deltec International Courier constituted harassment because it was unwanted conduct that had the effect of violating the dignity of an operations clerk. You can read more about it here >
Moreover, Ben Stocken of West Peak cautions that despite encryption, the permanence of digital communications poses risks, especially regarding sensitive business information. The adage of not writing anything you wouldn’t want to read in open court remains pertinent. At enlightenHR we are increasingly finding WhatsApp messages submitted by employees as evidence in grievances.
To mitigate these risks, HR experts advocate for clear policies and training on appropriate communication.
Kate Palmer of Peninsula suggests evaluating the use of such platforms and establishing clear guidelines. Steve Herbert of Partners& emphasises the importance of understanding the lasting impact of instant messaging, especially in a remote working environment. Richard Freedman of Stephenson Harwood stresses the need for comprehensive policies to delineate the boundaries of app usage for employees.
The question of safe spaces for colleague conversations remains. Samantha Dickinson of Mayo Wynne Baxter proposes designated HR channels for venting frustrations constructively. Conversely, Stocken recommends reserving sensitive discussions for non-digital interactions, while Lewis suggests employee assistance programs or formal grievance procedures for workplace concerns.
This situation highlights the evolving landscape of workplace communication and the need for vigilance and education in navigating these digital platforms responsibly.
At enlightenHR we have noticed that employees often treat social media as a “friend” and use it to vent frustrations and make comments in the same way as previous generations would have “had a good moan” to a friend over a coffee or a drink in the pub. It seems they often don’t realise the risk of such “conversations” being broadcast to a wider audience at the swipe of a screen.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com
