UK 
United States
The number of employment tribunals using WhatsApp messages as evidence has nearly tripled since 2019, suggesting that HR departments need to do more to manage the risks of staff using messenger apps, according to a leading law firm Nockolds.
Nockholds analysed data obtained from HM Courts & Tribunal Service to identify that 427 employment tribunal hearings involved disclosure of employee WhatsApp messages in 2023, up from just 150 in 2019.
WhatsApp has become an increasingly popular communication tool for staff, especially when working from home. But the surge in employment tribunals, in which messages on the app form part of the evidence, suggests that many employers have not put in place policies governing how staff communicate on messenger apps.
Why should employers have policies about WhatsApp communications?
According to Nockolds, employers can be vicariously liable for what employees say to each other on WhatsApp and other messenger apps.
