Last week, the Labour WhatsApp scandal sparked a media frenzy when leaked messages from Health Minister Andrew Gwynne were revealed. The messages contained racist and sexist remarks, as well as a wish that a pensioner would die before the next elections.
The closed WhatsApp group, titled ‘Trigger Me Timbers’, is believed to be made up of 20 members including two MPs. More than a dozen Labour Councillors and a few party officials are also thought to have participated.
Sir Keir starmer took immediate action, suspending the two MPs and eleven more councillors of the Labour Party.
A third member of parliament is now under fire after he was allegedly the administrator in another WhatsApp group that called veterans and pensioners “nazis”, ‘fascists thugs” and ‘terrorists”.
These high-profile cases highlight for HR professionals the blurring of professional and personal communication.
Can employees be held responsible for remarks made in private chats by their colleagues? How should companies handle situations like the Labour Whatsapp Scandal, in which the line between professional misconduct and personal chats has been crossed?
Yes, employers can hold employees accountable for private comments they make. If a situation affects or is related to the employer, or if it has any impact on the business of the employer or its interests, then the employer may legitimately become involved.
Employers must, however, have proof that the employee made these comments. Employers may be able, with the evidence they have, to believe that an employee made these comments.
To avoid overstepping the mark, employers must be very careful when gathering this evidence. Employers should not monitor private conversations on devices that are not provided by their employer. This could bring into question whether the employer is complying with human rights laws.
Once the evidence is uncovered, the employer must determine whether the comments violated a rule that has been established, either explicitly or implicitly. It is not necessary for the behaviour to occur during working hours in order to have repercussions on the job. Employers may want to address distasteful remarks made by employees even if there is no violation of a specific rule.
The greater the impact on the employer, the closer the communication is to the business of the employer, and the more offensive or inappropriate it is.
Employers must be protected by the proper documentation.
Employers can protect themselves with social networking policies that clearly define what is acceptable. Employers should set rules for what is unacceptable behavior. It is important for employers to set out rules on what they consider unacceptable behaviour.
These policies focus on the communication channels at work. Employees should be aware that certain behaviours will affect their work, even if they occur outside of the workplace. For example, sexual harassment.
It should be stated that employers can take action, even if comments made on social media or WhatsApp are not directly related to employment.
A thorough investigation will help you form a reasonable belief that is the basis for a fair disciplinary sanction. Before taking any action against employees who have sent inappropriate private messages, you should conduct a thorough and complete investigation.
Because circumstances can vary so much, there is no law that outlines how an investigation should proceed. The investigation should be centered around fact-finding. Employers need to determine who might know useful information, schedule time to talk to them, and then build a picture of the evidence available.
An employee can take an employer to an employment tribunal, if they feel that they were unfairly terminated. Dismissals can also be ruled unfair because of a lackluster investigation. Employers must take swift action to deal with the behavior, but it’s important that the process isn’t rushed.
The Labour WhatsApp scandal is a reminder for employers to take this matter seriously. Employers must carefully evaluate how offensive messages impact their business, and how these messages interact with internal policies to determine if action is needed. Employers must be aware that they are under a obligation to take reasonable measures to prevent harassment at work.
