WhatsApp at work – what are the rules?

As the Christmas break nears, you might be getting ready to turn off your laptop and work phone for a much-deserved rest.

Whether you can’t wait to put your feet up in front of the sofa, or you’re looking forward to partying with friends, work will probably slip to the back of your mind for a few days or even a week.

But, what if you can’t simply ‘switch-off’? Due to the rise in social media and messaging apps, it’s easier than ever to keep in touch with your contacts. But if you have a demanding boss or needy colleagues, this could mean that the demands of work continue into your much-earned break.

While apps like WhatsApp are great for collaborating, sharing ideas and communicating – especially while remote and hybrid working continues to rise – they can be problematic if you are being bombarded with messages at all hours of the day – everyday.

Constant messages can cause employees to become stressed and feel like they can never unwind from work – and this could increase the chance of workers making a Stress At Work claim. Employers should follow the Working Time Regulations 1998 which lays out the rules around time off and hours worked. If a worker is constantly being messaged about work on social media apps, this could be deemed as giving the employee an ‘excessive workload’.

Equally, workers should be careful as group chats can often lend themselves to employees sharing ‘banter’ and possibly sending messages, images or videos which some workers might find offensive – which could result in grievances being raised.

The ‘billboard test’

One way to monitor your WhatsApp presence at work is by conducting the ‘billboard test’. This means that if you wouldn’t put your message on a giant billboard with your name, photo and company on it, don’t post it in a social media chat for work.

What workers often forget is that even though sending messages on WhatsApp might not feel like you’re in work,  messages can be used as evidence in tribunals or court if an issue arises. Workers should remember that out-of-hours activities can still be considered ‘in the course of employment’.

HR experts advise companies to create a social media policy to inform workers of acceptable behaviour, language and acceptable conduct. Staff training is also important to remind colleagues of the culture of the company, as well as what is deemed inappropriate.

Further reading

Stress at work: How to switch off at Christmas – Oakwood Solicitors

Stress at work claims – Oakwood Solicitors

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