The recent controversy surrounding Labour MP Andrew Gwynne, who was sacked as a Health Minister after being implicated in a WhatsApp group where inappropriate comments were made, serves as a stark reminder of the blurred lines between personal and professional conduct in the digital age. The scandal not only led to his dismissal but also raised concerns about the accountability of other group members who failed to challenge the remarks. So far, one other MP and eleven councillors have been suspended. For HR professionals, this incident highlights critical risks related to employees’ social media activity outside of work and the extent to which organisations can or should intervene.

The risks of inappropriate social media content

Employers must take steps to control the way in which their employees use social media and messaging platforms. There are obvious risk areas if they don’t:

  1. Harassment claims

Liability for harassment extends to all acts occurring ‘during the course of employment’ but this does not mean that an employer’s responsibility ends at the office door. Harassing behaviour by employees towards a colleague on an ostensibly ‘private’ Whatsapp can still amount to harassment for which the employer can be found liable. In Muna Abdi v Deltec International Courier Limited, the employment tribunal ruled in favour of an employee who brought a harassment claim involving alleged discriminatory remarks made in a ‘WhatsApp group chat’ by her colleagues. The employer was held liable for the content of messages sent by employees supposedly ‘outside’ of work.

  1. Reputational damage

Employers must consider the potential harm an employee’s actions can inflict on the organisation’s reputation. When controversial messages or group affiliations become public, they can quickly spiral into a PR crisis. Just ask the Labour party as it tries to mop up the mess left by the Andrew Gwynne scandal. They are still working out the collateral damage as other members of the group are revealed – including other MPs.

What HR can do to minimise the risk

While employers cannot police every aspect of an employee’s private life, there are circumstances where online conduct and messaging (even outside of work) becomes a workplace issue. HR need to have appropriate controls in place:

  • Policies should outline expectations for online conduct and conduct when messaging and the potential repercussions of inappropriate behaviour.
  • Disciplinary action should be taken if standards are breached. In Case v Tai Tarian an employee was fairly dismissed for setting up a group chat to send inappropriate messages about a colleague who was specifically excluded from the group.
  • Employees should receive regular EDI and harassment training so that expected standards of conduct are clearly articulated and employees know exactly where they stand.
  • Encourage employees who receive inappropriate messages or are added to a group to speak-up. Several members of Andrew Gwynne’s WhatsApp group have (a bit too late, admittedly) expressed sorrow that they did not challenge the comments he made. If HR promote a ‘speak-up’ culture then employees will feel empowered to challenge misconduct, whether online or in person, without fear of retaliation. This will all help the employer to retain control.
  • While employers can take action on public content (or on official ‘work’ WhatsApp groups), private conversations require careful navigation to avoid overreach. You cannot reasonably prevent colleagues from communicating outside of work or from setting up messaging groups. HR focus should be on educating staff on appropriate behaviour, encouraging reporting and taking consistent action if issues arise.