Messages Sent On Private Devise About Work

[Rubyrose]

Hi,

My boyfriend works for a company where he is required to work shifts. He has a Whatsapp group set up on his phone with some colleagues regarding any shift swaps they wants to do.
The group was set up by one of the workers. No-one in the group is of management level. They don't have work phones so the group is used on private devices, outside of work.
A colleague in the group was moaning about the company and my boyfriend and another colleague in the group offered him advice on his issues. Someone in the group (they don't know who) has shown the messages to a manager and now my boyfriend is worried it could effect his job. He didn't say anything bad, just agrees that things aren't being run very well.

Can he get in trouble for something said on a personal device, that is nothing to do with the company?

[Rubyrose]

Device*

[Baldric]

'Affect'

[bednobs]

yes he could

[237SJ]

Yes he could and most large companies have a system to deal with that.

[Davemano]

If he's agreeing with someone that things aren't being run very well, surely this has something to do with the company regardless of how it is brought to notice.

[237SJ]

^ The Company won't see it like that

[tonyav]

^^^
Sure won't, da management will close ranks.

[Zacs-Master]

He'll probably be sacked for gross negligence.

[237SJ]

^I would't go that far

[Zacs-Master]

Oh.

[Baldric]

Maybe just negligence?

[Zacs-Master]

Bound to be something in his contract about bringing the company into disrepute.

[Davemano]

The Company won't see it like that. Don't understand 237sj

[Davemano]

273Sj and Tony - Yes, I see whet you mean and fully agree. I was merely pointing out that his 'agreeing' was to do with this company.

[tonyav]

I was merely pointing out that his 'agreeing' was to do with this company.

Yes, I know what you mean, Davemano. But if the lads on the Whatsapp group are right and there has been some sort of mismanagement then now it's been brought to ( probably ) the manager it concerns he / she will most certainly move heaven and earth to cover his / her *rse.

[Davemano]

Yes - NFA from me.

[andy-hughes]

There is no such thing as a 'private' device, and people should learn only to communicate statements that they would be happy for the subject to read.

[Old_Geezer]

No law expert but if the group are all employees I can't see how it's valid to say it brought the company into disrepute. No one external knows about the private discussion. Sounds to be more fair opinion/comment, no company needs "yes men" encouraging avoidance of putting issues right.

I'd guess there may be something to answer for if comments made were personal, insulting, unhelpful. One wonders who in the group is a snitch. If your boyfriend and his mates are spoken to, then might be easiest to just let management rail on. If they try to do more one might be better looking for employment with a more reasonable company anyway.

[Deskdiary]

I agree with OG.

Just so long as the messages could be viewed constructively (rather than 'that Joe Bloggs is an idiot - he couldn't manage anything') then I would say this is the cyber equivalent of a suggestion box.

[Peter Pedant]

OK - jesus a few comments here
It will of course depend on what his terms and conditions ( contract says ) and really how long he has been with them ( less than 2 y they can let him go for no reason)

it depends alot if the contract forbids private devices -
or perhaps offers company phones etc to use ( doesnt sound like it at all)

he cd also argue the whatsapp is to the benefit of the company and there fore does NOT make him liable for anything

secondly - slagging off the company....
virtually no employer likes that ....
BUT - first is it true ?
second - can he argue that it was nt published on a public network ?
and third unlikely - did they put - is this has been received by an outsider please ignore... ?

It doesnt have to be someone who sneaked
a work colleague used the word "prock" somewhat unwisely on an internal email. Picked up by swear word software we concluded in the end. When confronted I helped with " were you included in this email and have you read the bottom of the email?"

I hope this helps -he has learnt a useful lesson about privacy or lack of it at work

[when they swap shifts - the work sheets reflect the change in personnel dont they ? - if they dont - dont answer this question]