Legal risks | Surge in employment tribunals using WhatsApp messages as evidence highlights risks for employers

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.