What You Need to Know
WhatsApp is used for team communication and after-hours messaging especially in hybrid working environments. Unlike informal face-to-face conversations, these messages create a digital record that can be disclosed in legal proceedings. Increasingly, such records are being cited in employment tribunals, particularly in claims involving harassment, discrimination, or unfair dismissal.
When does Messaging Become Misconduct?
Recent UK tribunal cases reveal just how central WhatsApp has become to workplace disputes:
- A gay employee received inappropriate “jokes” in a group chat. His harassment claim was upheld, with an award of over £36,000.
- A pregnant care worker was dismissed via WhatsApp, without any formal process. She was awarded more than £40,000 for unfair dismissal.
- An employee was removed from a team chat shortly after disclosing her pregnancy. This was found to be part of a pattern of unfavourable treatment, resulting in nearly £20,000 in compensation.
In Kenya, similar patterns are emerging:
- After-hours pressure from managers via WhatsApp
- Inappropriate private messages that leave employees feeling unsafe
- Exclusion from work groups after raising concerns about mistreatment
What may seem like a casual exchange can carry serious consequences.
Why This Matters
Organisations must ensure that workplace standards apply across all communication channels, even informal ones.
Group chats may reinforce exclusion. Offhand messages can escalate. And “banter” can easily cross legal and ethical lines. What’s shared casually may become central to a formal complaint.
Practical Support for Safer Communication
At Raintree Works, we deliver focused, practical training to help organisations manage the risks of such communication.
Our Workplace Conduct Seminar equips employees and managers to:
- Recognise inappropriate or harassing behaviour on WhatsApp
- Understand how informal messaging can lead to legal or reputational exposure
- Reflect on how group chat culture shapes workplace dynamics
- Communicate clearly, respectfully, and inclusively across digital platforms
Sessions are tailored to your organisation, whether you’re looking for a live workshop (virtual or in-person), a ready-to-use HR toolkit, or ongoing learning materials to embed change over time.