Your WhatsApp messages could get you sacked

It’s late evening and your phone vibrates with some banter from colleagues. You join the conversation and go to bed feeling part of the work community. You then wake up and have a feeling of apprehension as to how the messages will be perceived.

WhatsApp might have started as a casual messaging app for friends, but it has now firmly become embedded in workplace communication^[1] – and increasingly in workplace conflicts, too.

WhatsApp chats have also been used to corroborate or refute^[2] claims in employment tribunals. An employee might claim they were promised a pay rise or flexible hours via WhatsApp, for example. But on the other hand, employers have also used WhatsApp logs to prove misconduct. This evidence has included sharing confidential information.

In the workplace, WhatsApp chats have replaced many casual real-life conversations. Colleagues create groups to coordinate work, message each other after hours and vent their frustrations in private messages. Although this feels informal, it can leave employees vulnerable.

But when disputes escalate to legal action, these messages can help judges understand what really happened. Tribunals treat WhatsApp messages like any other document.

Get your news from actual experts, straight to your inbox. Sign up to our daily newsletter^[3] to receive all The Conversation UK’s latest coverage of news and research, from politics and business to the arts and sciences. We examined more than 2,000 cases brought to UK employment tribunal’s since 2019 that involved WhatsApp. The findings reveal a surprising range of ways in which these casual chats became evidence. WhatsApp conversations have increasingly played a crucial role in misconduct and discrimination disputes, being used as evidence of harassment or inappropriate behaviour. The messages are also cited in unfair dismissal and contract claims, especially where informal work communications and digital records were seen as central to the case. In 2018, 48 cases brought to employment tribunals involved WhatsApp messages. By 2024, that had climbed to 562. The cases span a wide range of jurisdictions, but unfair dismissal, contract breaches, harassment and discrimination were dominant. From the cases we examined, several themes were clear. 1. Removal or exclusion from a WhatsApp group In the case of Ms B Djagbo v Women’s Health Dulwich Ltd^[4], the claimant successfully brought a claim for unfavourable treatment due to pregnancy and maternity. This followed a series of incidents that took place after she informed her employer of her pregnancy. Several actions made her feel as though her employment was being prematurely ended, including being removed from the workplace WhatsApp group chat. The tribunal awarded her almost £20,000. 2. Discriminatory messages or harassment via WhatsApp In the Mr D Robson v NGP Utilities Ltd^[5] case, the claimant is a gay man and brought a complaint of harassment. This included a series of inappropriate and offensive incidents at work, notably, a WhatsApp group message from a colleague. The message was part of a wider pattern of jokes targeting gay colleagues. The employment tribunal awarded him more than £36,000. 3. Termination of employment via WhatsApp The case of Miss J Hodkinson v B&R Care Ltd^[6] highlights a pregnant care worker who was awarded more than £40,000 in compensation after being unfairly dismissed via WhatsApp. The fact the dismissal was carried out informally and insensitively supported the tribunal’s findings of “procedural and substantive unfairness”. 4. WhatsApp communications submitted as evidence The Mr M D Black v Alain Charles Publishing Ltd^[7] tribunal noted that the claimant’s evidence was consistent with WhatsApp message screenshots included in the evidence bundle. As a result, compensation of almost £100,000 was awarded.

WhatsApp groups can also offer a window into workplace culture^[9]. Tribunals have seen examples of co-workers using WhatsApp to share sexist and racist jokes or to gossip about colleagues.

With remote and flexible working, these chats illustrate a growing tension between constant connectivity and work burnout^[10].

The tribunal cases show just how deeply WhatsApp has become part of working life, blurring the line between personal and professional. Colleagues chat the way friends do.

But when working relationships sour or rules are broken, each of these informal chats carries legal weight. What someone thought was a single throwaway remark in a private conversation can later be dissected as part of a wider body of evidence.

There have been cases where an employer was ordered to hand over work-related WhatsApp exchanges, and others where an employee’s own messages were used against them.

It’s a clear lesson. Privacy in digital communication is never guaranteed. Even encrypted messages can become public in a courtroom.

WhatsApp dos and don'ts

The volume of references to WhatsApp in tribunal cases frames some key lessons for both employees and employers. In a nutshell, if you wouldn’t write it in a company email or say it in a meeting, don’t put it into WhatsApp.

Jokes can be misinterpreted and offensive remarks don’t just go away. Many have learned this the hard way.

Using WhatsApp to share instructions and decisions might seem convenient, but it shouldn’t replace formal process.

And for employers, it’s time to update communication policies, including guidelines on after-hours messaging, the use of group chats and respecting expectations of inclusivity.

Banning WhatsApp might not be practical, but setting out expectations is important. Even a policy stating that any work-related communication on personal messaging apps should adhere to the company’s expected code of conduct is a start.

Many people are unaware that a private chat can reappear as evidence. Knowing that a tasteless joke on WhatsApp could support a harassment claim potentially costing an unlimited fine, or that ignoring a late-night work message might be used as evidence of poor performance, will harden most people to conduct more mindful communication.

References

1. ^{^} workplace communication (www.theguardian.com)
2. ^{^} corroborate or refute (www.telegraph.co.uk)
3. ^{^} Sign up to our daily newsletter (theconversation.com)
4. ^{^} Ms B Djagbo v Women’s Health Dulwich Ltd (www.gov.uk)
5. ^{^} Mr D Robson v NGP Utilities Ltd (www.gov.uk)
6. ^{^} Miss J Hodkinson v B&R Care Ltd (www.gov.uk)
7. ^{^} Mr M D Black v Alain Charles Publishing Ltd (www.gov.uk)
8. ^{^} Kafka Ibram/Shutterstock (www.shutterstock.com)
9. ^{^} workplace culture (hbr.org)
10. ^{^} constant connectivity and work burnout (www.deseret.com)