Trouble when one group message becomes a serious problem for all members

If you are a member of WhatsApp group at work in which a highly offensive comment is posted, what should you do?

Security officer Imran did nothing at the time  - and found himself in serious trouble with bosses at the firm where he had worked for seven years.

When distraught Imran contacted our Employee Support Centre for help, he admitted he had read the racist, sexist and misogynistic message sent by a workmate.

The message, sent at the start of the weekend, was directed at a female employee in an office block where Imran was based.

Imran’s workmate posted the message after a disagreement with the woman. The WhatsApp group was made up of a total of 10 workers.

A member of the group flagged the message to management on the Monday, which led to an investigation being launched.

Imran was interviewed as part of the subsequent disciplinary investigation.

During his investigation interview he admitted he had read the message and was alarmed by the content.

Imran said the message was sent during his weekend off and, because he was also off on the Monday and Tuesday, he did not get a chance to speak to his colleague about the message.

His colleague had gone off sick and Imran was hauled into the fact-finding meeting almost immediately on his first day back in work.

He was quizzed at length about the group, purpose of it and content of messages.

Imran was asked to handover his personal mobile phone and unlock it so the HR advisor conducting the interview could look at messages posted in the group.

Reluctant Imran, uncomfortable with the request, did so.

The HR advisor asked Imran about various separate and unrelated messages sent to his brother and friends outside of work. He was also quizzed about a website he had visited.

Surprised Imran provided explanations and answers to everything he was asked.

He was informed at the end of the meeting he was being suspended from work during the disciplinary process.

This caused Imran considerable alarm and distress. It led to him being diagnosed with work-related stress, and his GP signing him off work for six weeks.

During that time, he heard his workmate who posted the message had resigned, and the group administrator had been sacked and was claiming unfair dismissal .

It was unclear what happened to other employees who were members of the WhatsApp group.

Some remained working for the firm by the time Imran had recovered and was well enough to attend his own disciplinary hearing.

Imran was supported by our representative at the hearing. He faced an allegation of breaching the social media policy in failing to report abuse. The invite to the hearing warned dismissal was a potential outcome.

The evidence provided was a screenshot of the message and another one of details showing that Imran read it, and the time he did so. He was also provided with a copy of the social media policy.

At the hearing, our representative argued Imran was denied a reasonable opportunity to report the message. It was because he was off when it was sent, immediately suspended upon on his return to work and after he was informed it had been reported.

Having reviewed the social media policy in detail, our representative maintained that in any event Imran’s actions cannot reasonably be considered to have breached the policy.

He explained it was because while the policy made it clear employees should not post abusive content online or on social media platforms, it provided no specific guidance on what they should do if a colleague did so.

Our representative strongly asserted it would be grossly unfair and unduly harsh to issue any disciplinary sanction in the circumstances.

Imran’s full cooperation with the investigation, honesty throughout and learning he had taken from the case were also highlighted. Imran was later cleared of the allegation.

The following week all employees were issued with an updated version of the social media policy, providing specific details on what to do if they view abusive content.