Search

How can we help?

Icon

Employee unlawfully harassed on WhatsApp

The Employment Tribunal has issued a timely reminder to employers of the dangers of social media in the workplace, after finding in Abdi v Deltec International Courier Ltd that the employee had been harassed by her colleagues via WhatsApp.

The employee was a black woman of Somali origin, who wore a headscarf. While completing her duties, she used her colleague’s login details and discovered a WhatsApp chat containing highly offensive and derogatory comments aimed at her race, religion, and sex.

After she complained, she was moved to a different part of the business, and the employer dismissed two of the employees and issued a final written warning to a further two. However, the employee remained uncomfortable at work and resigned.

With the use of WhatsApp and other instant messaging platforms playing an increasing role in working from home, employers should be aware that under the Equality Act 2010 they can be held responsible for inappropriate comments made in such chats, unless they have a “statutory defence”.

The employer admitted liability for harassment regarding these messages, and the Tribunal confirmed the comments in the WhatsApp group amounted to harassment on grounds of race, religion, and sex.

With the use of WhatsApp and other instant messaging platforms playing an increasing role in working from home, employers should be aware that under the Equality Act 2010 they can be held responsible for inappropriate comments made in such chats, unless they have a “statutory defence”.  That means taking “all reasonable steps” to prevent the unlawful conduct happening in the first place. Ways of succeeding with a statutory defence include equal opportunities training and a genuine commitment by management to the company’s anti-harassment policies.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.