Excluding Staff from WhatsApp Groups: A Cautionary Tale of Discrimination

4 October 2023
|In Insights
|By gravitydev

An employment tribunal has ruled that excluding an employee from a work-related WhatsApp group can amount to discrimination. This recent case highlights the need for businesses to be vigilant in their management and communication practices, ensuring that they avoid potential pitfalls that may lead to discrimination claims.

The Case:

Mark Brosnan, a plumber working for Coalo, owned by Hounslow borough council, was excluded from a work-related WhatsApp group designed to communicate important safety information. Mr. Brosnan was on sick leave due to a back injury, and he contended that this exclusion was a result of discrimination. The tribunal awarded Brosnan a staggering £134,411 in compensation, a figure that incorporates loss of future earnings, injury to feelings, and personal injury.

Implications for Employers:

Employment Judge Sarah George’s decision emphasises the importance of ensuring fair treatment for all employees, irrespective of their health status or any other protected characteristic. This means:

  1. Justified Actions: Employers need to be certain that their actions, even as seemingly innocuous as adding someone to a WhatsApp group, are justifiable and non-discriminatory. In this instance, the company failed to prove that excluding Brosnan was a “proportionate means of achieving a legitimate aim” (a potential defence to discrimination claims)
  2. Communication: It is essential for employers to maintain transparent communication channels with employees, especially those on sick leave. The tribunal highlighted that while some employers might refrain from contacting staff on sick leave to avoid worsening their conditions, it cannot be a presumed action without justification.
  3. Health and Safety: The case also drew attention to the significance of listening to employees’ health concerns. Brosnan’s suggestions and occupational health recommendations, including workplace assessments and lumbar support, were overlooked, contributing to further injury and his subsequent claim.

Key Steps for Employers:

To avoid falling into similar pitfalls, employers should:

  1. Review Communication Protocols: Ensure that any workplace communication groups, whether on WhatsApp or other platforms, are inclusive. Regularly review membership and ensure those on leave are not unjustifiably excluded.
  2. Understand Discrimination: Train managers and HR personnel to understand all facets of discrimination, ensuring they are equipped to make informed decisions.
  3. Engage with Occupational Health: Pay heed to recommendations from occupational health professionals. Act promptly and ensure all necessary adjustments are made for employees returning from sick leave.
  4. Open Dialogue: Encourage an environment where employees feel they can express their concerns. A transparent feedback system can help identify and rectify issues before they escalate.

How Bell Taylor Can Help:

As a trusted partner in employment law advice and HR support, we stand ready to guide and support employers through the complexities of the modern workplace.

As qualified and experienced lawyers, our expertise ensures that businesses not only stay compliant but also foster an environment that respects and values all employees. With our assistance, employers can navigate challenges with confidence, reducing risks and enhancing employee satisfaction.

In conclusion, the Brosnan case serves as a reminder of the intricate challenges businesses face in ensuring fair treatment for all employees. With the right support, guidance and proactive measures, these challenges can be transformed into opportunities for growth and improved employee relations.