Imogen Thomas

Trainee Solicitor

DATE PUBLISHED: 21 Nov 2024 LAST UPDATED: 21 Nov 2024

NatWest’s ban of WhatsApp and Facebook messenger – Should employers do the same?

In light of the rise of social media over the past decade, it is no surprise that NatWest’s ban of WhatsApp and Facebook messenger for work communications, has gained huge attention. Let’s take a closer look at the potential reasons behind the ban and what practical steps employers might want to consider when it comes to workplace communications.

The Reasons Behind the Ban 

Whilst on the face of it this might seem like a drastic move, it is suspected that the decision comes amid concerns over:

Security & Confidentiality

One thing that Facebook messenger, WhatsApp and various other social media platforms have in common is that they can be extremely vulnerable to hackers and malware attacks.

This is particularly concerning for businesses dealing with confidential information, financial data and intellectual property.

By restricting the use of external communication platforms, employers can mitigate the risks of a data leak and keep client information as secure as possible.

Record Keeping 

A common feature of WhatsApp and Facebook messenger is the ‘disappearing messages’ – both platforms have functions which allow messages to be automatically deleted after a certain period of time.

This is concerning for businesses which have record keeping obligations.

Recently, a number of banks have faced significant fines as a result of their failure to abide with record keeping regulations; it is suspected that this has had a huge influence on NatWest’s shift to internal communications only, to ensure records can be easily kept up to date.

Protecting the Workplace Culture

Often, the use of platforms like WhatsApp and Facebook messenger in the workplace can start to blur the lines between personal and professional. With this, comes a risk of inappropriate and unprofessional conduct occurring between colleges. This can become extremely concerning for employers who are unable to track and monitor these platforms and the messages that are being exchanged.

In October of this year, a new duty to prevent sexual harassment was placed on employers. This means that, if inappropriate content/messages are shared between employees via WhatsApp and messenger which constitute sexual harassment, the employer could be held liable for failing to take reasonable steps to prevent such harassment from occurring. Similarly, if discriminatory messages/content are shared via these platforms, an employer risks facing an employment tribunal claim for discrimination in the workplace.

The use of WhatsApp messages as evidence in employment tribunal claims has significantly increased over the past 4 years; this clearly indicates that regulation over external workplace communications is necessary.

With the above in mind, the ban is a step in the right direction to ensure a compliant, safe, respectable and professional working environment.

Practical Considerations for Employers

If you have concerns around the use of external platforms for work communications, you may want to consider the following:

Adopting a clear communications policy

This should include the following:

  • boundaries for your employees when it comes to professional/personal communications;
  • a list of accepted forms of communication;
  • what constitutes inappropriate behaviour; and
  • the consequences of breaching the policy.

Consider investing in alternatives platforms

Invest in platforms which can be easily monitored like slack and teams.

Train employees

Ensure your employees are trained on how to respect boundaries and professionally communicate. In light of the new duty, you may also want to train them on sexual harassment and what can amount to sexual harassment (take a look at my articles on the duty to prevent sexual harassment and anti-harassment policies for more details).

In light of the growing concerns over data breaches, confidentiality, compliance and maintaining professional environments, it is not all that surprising to see NatWest taking this step. It remains to be seen whether employers will follow in their footsteps

How can Ellis Jones help?

If you require assistance in relation to workplace communications, drafting policies and any other employment law or HR matter, please do contact us on 01202 525333 or by email at employment@ellisjones.co.uk, one of our team would be very happy to assist you.

We also run a monthly, free HR forum in conjunction with Rubicon People, it is free to join and an invaluable way to stay up to date with changes to employment law and HR. If you would like to attend, place contact employment@ellisjones.co.uk.

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When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.

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