Whilst work related WhatsApp groups can be a force for good, creating an informal environment to brainstorm ideas and share important information quickly, their use does carry some risk with employees often seeing this as a grey area where the normal rules of work conduct do not apply.
If your client has received a complaint of bullying on the works’ WhatsApp group, then they should acknowledge this and take it into consideration. Regardless of whether your client feels the complaint is trivial or not they should carry out a full investigation and ask for examples of the messages that were sent. This evidence may be easier to obtain if your client is in the group themselves as a moderator to keep track of any information that is shared.
The investigation should include the alleged bully, and they should be asked about the messages that have been sent. At this stage, you are still gathering information and this is not a disciplinary hearing. In this situation, the individual may try to claim that your client has no authority to take action for messages that were sent on a private platform outside of working hours. However, your client should reiterate that as the group was set up for work-related discussions then they are within their rights to take action. It will also help matters if this is supported by an appropriate workplace policy which regulates social media activity.
If, after the investigation, your client finds there is a case to answer, then they should instigate their normal disciplinary procedure. Depending on the nature and severity of the behaviour your client could choose to issue the culprit with an informal warning over their future conduct, or dismiss them for gross misconduct. It is also important to inform the employee who has raised the complaint that appropriate action has been taken.
After they have taken action your client should hold a meeting with all staff and reiterate the expectations placed upon them when it comes to conduct on WhatsApp and other forms of social media. To avoid incidents like this from occurring again your client could choose to ban any discussions on this particular group that aren’t solely related to work, therefore preventing any well-intended jokes getting out of hand or being misinterpreted.
WhatsApp and other social messaging platforms are an example of how technology has blurred the lines between work and home, creating a debate around the scope employers have to discipline staff that behaves inappropriately. However, as the group in question is set up for the purposes of work, your client has a duty to protect staff from bullying and other forms of abuse and should endeavour to take appropriate action.
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