Employee Monitoring and Private Messaging: Can I Be Sacked Over a WhatsApp Message?

Two Labour MPs have been suspended after inappropriate social media messages came to light. This brings the use of social media at work and when employers can monitor employees into question. Below, we discuss what happened, the laws surrounding monitoring employees, and the potential consequences of sending an offensive WhatsApp message.

If you have any queries or believe your employer has breached your rights, please get in touch. Redmans Solicitors are sector specialists, and after a quick consultation, we can provide answers and expert advice.

To proceed, simply:

Labour MPs Suspended Over Offensive WhatsApp Messages

In February 2025, Labour MP Andrew Gwynne was sacked as Health Minister and suspended from the Party. This followed the leak of offensive messages in a WhatsApp group chat called “Trigger Me Timbers.”

The messages exchanged among Labour Party members included disparaging remarks about constituents and derogatory comments about other colleagues. In one WhatsApp message, Gwynne reportedly stated he hoped a pensioner who opposed Labour would pass away before the next election.

After the controversy emerged, Gwynne publicly apologised for his “badly misjudged comments.” Having served the Labour Party throughout his life, he was disappointed about the decision but understood it.

Gwynne wasn’t the only Labour MP to be embroiled in the controversy, though. Oliver Ryan, MP for Burnley, was also found to be a member of Trigger Me Timbers and was subsequently suspended. Speaking on the matter, Ryan “wholeheartedly” apologised, acknowledging that he’d made some comments he “deeply” regretted and wasn’t proactive enough in challenging the unacceptable behaviour.

Since Ryan’s suspension, 11 Labour councillors have been suspended. While no criminal charges have yet arisen, further suspensions could follow, as Labour is undertaking a broader investigation and hoping to resolve the matter quickly.

The Law Concerning Dismissal Over a WhatsApp Message

Dismissals, under UK employment law, must be fair and employers must have a valid reason supported by evidence. While a private WhatsApp message is typically considered personal, it can serve as grounds for fair dismissal. This could occur if the message breaches a workplace WhatsApp policy, damages an employer’s reputation, or constitutes gross misconduct.

The Right to Privacy vs Office Monitoring

Although the Human Rights Act 1998 protects an individual’s right to privacy, this right is limited in the workplace. Office monitoring is allowed in particular circumstances, such as when there’s a legitimate business need or suspicion of misconduct. However, in such cases, the employer must adhere to data protection laws, including the UK GDPR and Data Protection Act 2018, and generally needs to obtain clear consent. 

Can WhatsApp Messages be Monitored by Employers?

Employers can monitor employees, when it comes to WhatsApp messages, provided they comply with the law. The key considerations include whether the messages are work-related, whether the employee consented and whether the monitoring is legally compliant.

  1. Work-Related Messages: Messages in work-related group chats on WhatsApp provide employers with a more substantial reason for monitoring employees. For example, messages regarding ongoing projects or client communication would likely be subject to monitoring, similar to email correspondence.
  2. Company Policies and Consent: Employers should establish a clear workplace WhatsApp policy detailing company expectations on the platform and whether office monitoring will occur. They should inform employees about the potential for monitoring and obtain explicit consent.
  3. Personal Devices: A non-work-related WhatsApp message sent on a personal device generally can’t be monitored. However, suppose the message relates to workplace issues, such as inappropriate behaviour or harassment. In that case, employers may be able to access it if it’s lawfully obtained and pertinent to the matter.

The Consequences of an Inappropriate WhatsApp Message

Returning to the topic of dismissal, misconduct could arise if messages in Whatsapp group chats amount to behaviours like harassment, bullying, or discrimination. If an employee shares inappropriate messages, particularly in a professional context, it could amount to gross misconduct. Such circumstances may allow the employer to lawfully terminate employment.

Can WhatsApp Text Messages be Used in an Employment Tribunal?

WhatsApp messages can be used in Employment Tribunal proceedings. In fact, over recent years, their use has increased significantly. In 2019, just 150 hearings involved their use; however, by 2023, this figure almost tripled, with 427 hearings involving them.

FKJ v RVT

In FKJ v RVT, the High Court addressed the use of an employee’s private WhatsApp messages as evidence in an employment tribunal. The employer had relied upon 18,000 messages in their successful defence against sex discrimination and unfair dismissal claims. However, most of these messages weren’t relevant to the case.

While acknowledging that such messages can be admissible, the court emphasised that employees have a reasonable expectation of privacy. They added that employers have a duty to immediately notify the employee and return any private messages they encounter.

BC and Others v Chief Constable Police Services of Scotland

In this case, it was determined that the police officers had no reasonable expectation of privacy in WhatsApp messages that were discovered during a separate criminal investigation. Since the officers were public office holders, it was accepted that their right to privacy was further limited. The court stated its decision was justified to maintain public safety and establish a precedent within regulated professions.

Best Practices for Sending a Workplace WhatsApp Message

Since, in specific cases, office monitoring is allowed, employees need to be careful when sending a WhatsApp message. Among other things, they should:

  • Understand their Workplace WhatsApp Policy – This should outline acceptable use of the platform, any monitoring that may be taking place, and the potential consequences of misconduct.
  • Maintain Professional Conduct when Using the Platform – Individuals should treat work-related group chats like professional spaces. If content isn’t acceptable in such spaces, it probably won’t be on WhatsApp either.
  • Limit Work Conversations on Personal Devices – Sometimes, work-related messages can be used as evidence, even when sent from personal devices. To avoid blurring professional and personal space, individuals should limit work-related correspondence to channels like company emails and workplace chat apps.

If you have any queries or believe a WhatsApp message you sent is being used as evidence against you, contact Redmans Solicitors. As employment law specialists, we can analyse your circumstances and provide expert advice on your possible next steps.

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