WhatsApp is so popular and so convenient, that in many workplaces it has become a default channel for some communications. But hold on one minute! For all its convenience, it carries a fair amount of HR risk.
In fact, between 2019 and 2024, the number of tribunal cases in which WhatsApp messages were used as evidence rose from 150 to 427. So what are the risks?
You have got blurred lines between personal life and work life; an accepted degree of informality which can lead to inappropriateness; and a reduced or zero ability to monitor communications if they are on private accounts.
Reputational risk
Consider reputational damage. The public inquiry into events surrounding Lucy Letby’s crimes is currently being reported on. In November, the enquiry heard evidence that a colleague had joked regarding sharing tips on getting away with murder in a WhatsApp conversation with Letby. This was a full year after concerns had first been raised about the danger she may have posed. It reflects badly on both individuals and the organisation.
Whether it is the perceived privacy, the informality or something else, left unchecked WhatsApp is a problem. Sexual harassment, especially now more stringent obligations have fallen upon employers (since October 2024), is another danger.
There is even an instance of someone winning a discrimination case for being excluded from a WhatsApp chat whilst on long-term sick leave.
Artificial intelligence – w-AI-t a moment
Coming a few years later, but all set to make an even bigger difference to businesses than WhatsApp is artificial intelligence (AI). 2023 saw many people and businesses rush into using it without quite understanding the consequences.
From publishing obvious factual error to surrendering confidential information to “Silicon Valley” servers; AI bias to losing brand identity, there are again a host of serious risks.
When managing people, it is important to create a framework in which they can use AI safely, and be crystal clear when they should stay away from it.
Policies are essential
Thankfully (because WhatsApp and AI are useful for many businesses), you can take measures to protect yourself through the creation and sharing of policies, and potentially training.
Include acceptable WhatsApp usage in your social media policy, and if staff use their own devices, a bring-your-own-device policy can set expectations on these. You may also create a separate AI policy or include its acceptable usage within your IT policy.
Ensure these policies are shared with everyone at reasonable intervals, and log this and any training, too. This makes it easier for you, where any breaches occur, to instigate appropriate disciplinary procedures.
There is no doubt that adoption of new technologies within business is a one-way street. But make sure you “look”, and keep your business safe, before crossing that road.
