Whether it’s sharing a GIF after a tough day or a harmless joke between colleagues, WhatsApp and other social media platforms have become part of how teams communicate. For many businesses, it’s where team updates, shift swaps, and the odd “Friday Meme” happens.
But the reality is more employers are at risk of being pulled into costly legal disputes over what’s said in private chats. And with Clause 20 of the new Good Jobs Bill on the horizon the risks are only getting bigger. Do you have a social media policy and if so, is it still fit for purpose? If you’re unsure where to begin, our Social Media Policy template is a helpful place to start.
Let’s explore what’s happening, why it matters, and how you can protect your business.
Case Study 1: When a WhatsApp “Banter” Group Leads to Dismissal
Sector: Energy
Company: Southern Electric Power Distribution (SSE)
Year: 2025
Terry Donaldson, a tree surveyor, was dismissed for posting a series of “obviously inappropriate” memes, videos, and comments in a WhatsApp group called “Banter.”
He argued the group was informal and private, but the tribunal saw it differently.
Tribunal Outcome:
The judge ruled that the chat, although hosted on a private platform, was still subject to company policy. Donaldson’s dismissal was upheld as fair. The group’s content breached the employer’s standards and carried reputational risk.
Case Study 2: Workplace “Banter” That Damaged Team Culture
Sector: Early Years
Organisation: Barrow Hill Pre-School
Year: 2025
In Pagnello v Barrow Hill Pre-School, a WhatsApp group originally created to coordinate staff schedules quickly became informal and personal. Staff used nicknames like “witcheypoo”, and tensions around workload began to rise.
Tribunal Outcome:
Although the employee’s claim was dismissed, the tribunal criticised the employer for not setting clear digital boundaries. The lack of a policy contributed to a breakdown in trust and a toxic work culture.
Why WhatsApp Can Be a Legal Risk for Employers
These real-life cases highlight how casual chats can lead to:
- Claims of bullying or harassment
- Damaged workplace relationships
- Costly legal action or reputational fallout
Without the right controls, a single message could become a tribunal exhibit.
What Employers Can Do to Protect Their Business
At BeyondHR, we help businesses create simple, proactive policies to manage these risks, without over-policing communication.
Here’s how you can stay ahead:
- Create or Update Your Social Media & Messaging Policy – Set out clear expectations that work-related messages, including WhatsApp, are covered by your conduct rules.
- Define What’s Not Acceptable – Spell out behaviours that cross the line, such as:
- Sharing offensive, obscene, or discriminatory material
- Using abusive or demeaning language
- Gossiping or criticising colleagues in chat threads
- Clarify Use of WhatsApp for Work – If WhatsApp is used for coordination or shift planning, decide whether personal messages are allowed in the same group. Clear boundaries reduce confusion.
- Train Managers on Digital Conduct – Line managers should be able to:
- Spot when “banter” is becoming inappropriate
- Intervene early and respectfully
- Log and report concerns appropriately
- Create Safe Internal Reporting Channels – Employees are less likely to escalate issues externally if they feel safe raising concerns internally. Make it easy for them to speak up.
Protecting Your Business from Social Media Misuse
Social media and in particular WhatsApp aren’t going anywhere but without proper boundaries, the risks grow fast. A message typed in five seconds can result in thousands of pounds in legal costs, or permanent damage to your employer brand.
Now is the time to review your internet and social media policy to ensure it includes:
- Workplace messaging apps
- Personal vs professional use
- Digital behaviour standards
- Reporting and monitoring procedures
Get Support Today
Need help getting started? Download our Social Media Policy Template Call us on (0)28 2564 4110 Or book your HR consultation today.