A guide for Employers on WhatsApp in the Workplace: more dangerous than useful?
12 March 2025
There has been a significant increase in hybrid working since Covid-19, resulting in informal messaging platforms, such as WhatsApp, becoming a popular way of group communication in the workplace for business related purposes.
As with most things, there are both pros and cons for adopting an informal group messaging platform such as WhatsApp for business purpose communication, as listed below:
Pros
- Informal way of communicating through a conversational style which can sometimes help build trust and cannot always be achieved by more formal emails, or meetings;
- Enables problem-solving with a quick response;
- Enhance collaboration and morale; and,
- Creates an approachable workplace environment with a sense of belonging to help employees stay connected.
Cons
- Requires clear oversight and management by employers which can become a burden to monitor;
- Higher risk of inappropriate messages or content being shared including comments which could constitute bullying or harassment and may be offensive, discriminatory or derogatory to others;
- Heightened risk of data protection breaches, particularly in cases where employee’s personal phones are lost, stolen or hacked;
- Data governance challenges due to the inability to effectively manage and retrieve communication logs. This is particularly complicated when employees are using WhatsApp on their personal device, as the line is blurred between what is the personal property of the employee, and what is company property that they can reasonably demand records of; and,
- Lack of robust tools for data retention and deletion – messages can be easily deleted, edited, screenshot, recorded and even shared privately with external parties, without leaving a trace. This can complicate efforts to maintain proper records and comply with data retention requirements under GDPR.
Other factors to consider
Where WhatsApp messaging is intended to be a means of business communication, organisations may also be required to provide any WhatsApp messages as part of a Data Subject Access Request (“DSAR”). Not only is this an administrative burden, but it may prove difficult to comply with a DSAR given the fact messages can be easily deleted, edited etc.
It is recommended that any business-related information communicated via WhatsApp isn’t confidential nor sensitive and instead, such information is communicated within the business hardware where stronger data security measures are in place.
This was highlighted by the 2023 case of Morgan Stanley, whereby the Investment banking company were hit with a £5.4 million fine after energy traders used WhatsApp to discuss commercially sensitive business deals.
Whilst there is no automatic legal right to disconnect in the UK, Labour have proposed to introduce a right to switch off to enable all workers a right to disconnect from work outside of work hours. It is therefore recommended that organisations that use WhatsApp for business related purposes only communicate during working hours wherever possible.
Top tips for Employers utilising WhatsApp for business-related purposes
Organisations are encouraged to firstly consider adopting platforms which are better designed for business purposes whereby data retention settings are encrypted. If a more conversational and informal approach is preferred, workplace specific programs such as Microsoft Teams or Slack can be used. If organisations still prefer to use an informal messaging platform such as WhatsApp for business related purposes, it is recommended that the following steps are conducted;
- Implement a comprehensive workplace policy which sets out guidelines, expectations and potential consequences when communicating with staff via WhatsApp for business related purposes;
- Offer regular training sessions, updates and refresher course to cover the workplace policy;
- Review the organisations GDPR policy to ensure it is compliant with social media activity;
- Put in place secure backups of WhatsApp messages and regular audits to ensure the security of data shared on WhatsApp; and,
- Obtain employees consent through a clear and informed consent form outlining the rules and procedures of any intended WhatsApp group.
Conclusion
It appears that the informal nature of WhatsApp blurs the line between personal and professional correspondence. Recent research confirms that employment tribunals used WhatsApp messages as evidence in 427 employment cases in 2024, compared to 150 cases in 2019.
Whilst an outright ban on informal messaging platforms in the workplace wouldn’t appear practical, employers should be cautious before implementing such platforms and need to ensure that they have appropriate safeguards in place to mitigate the risks associated with it.
If you require any further guidance on adopting informal messaging platforms in the workplace, or require our assistance in drafting policies to set out expectations required, please don’t hesitate to contact us.
This article was written by Redkite Solicitors, Gemma O’Brien. To find out more about Gemma and the support that she can provide to you, visit her website profile here: https://www.redkitesolicitors.co.uk/team/gemma-obrien/
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.