Constructive dismissal after employer monitored personal WhatsApp messages
A business development employee was constructively dismissed after her employer used monitoring software to view her personal WhatsApp messages and accused her of disloyalty. The tribunal awarded £2,634.79.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #breach-of-trust
- #monitoring-software
- #personal-whatsapp
- #grievance-procedure
- #sick-leave
Key facts
- The claimant worked for the respondent from 22 October 2018 to 28 February 2022, latterly in business development.
- The respondent used monitoring software that captured screenshots including personal WhatsApp messages.
- On 22 November 2021, the claimant was called to an informal investigation meeting about WhatsApp communications with a former employee.
- The claimant received a letter stating no action would be taken but was later accused of disloyalty by a director.
- The claimant went on sick leave on 1 December 2021 due to stress and never returned.
- The claimant resigned on 25 February 2022 after exhausting the grievance process.
Timeline
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Employment started
Claimant commenced employment with Stronghold Global Limited.
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Data breach incident
A manager, Jonathan Kendrick, was dismissed after a data breach.
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Investigation meeting
Claimant was called to an informal meeting about WhatsApp communications with Mr Kendrick.
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Letter placed on file
Claimant received a letter stating no action would be taken but it would be placed on her file.
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Claimant wrote to respondent
Claimant sent a letter stating her position was untenable and seeking an exit package.
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Sick leave started
Claimant was signed off with stress and never returned to work.
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Formal grievance submitted
Claimant filed a formal grievance due to lack of response to her letter.
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Grievance outcome
Respondent wrote to claimant confirming grievances were not upheld.
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Appeal outcome
Appeal against grievance decision was dismissed.
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Resignation
Claimant resigned with immediate effect, last day 28 February 2022.
The legal issue
The tribunal had to decide whether the employer's actions, including using monitoring software to capture personal WhatsApp messages and then accusing the employee of disloyalty, amounted to a fundamental breach of the implied term of trust and confidence, entitling the employee to resign and claim constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
The key reason was that the employer's conduct, particularly the monitoring of personal WhatsApp messages and the subsequent accusation of disloyalty after initially stating no action would be taken, breached the implied term of trust and confidence. The employee's resignation in response was therefore a constructive dismissal, and the dismissal was unfair.
Compensation:
- Basic award: £2,293.29
- Compensatory award: £341.50 (reduced by 20% for contributory conduct)
- Total: £2,634.79
Lessons & takeaways
- Employers should not use monitoring software to capture personal communications without clear policies and consent, as this can breach trust and confidence.
- If an employer tells an employee no action will be taken, it should not later accuse them of disloyalty without new evidence.
- Employees who feel their trust has been fundamentally broken should consider raising a formal grievance before resigning, as this strengthens a constructive dismissal claim.
- A 20% reduction for contributory conduct can apply if the employee's own behaviour contributed to the dismissal, so keep records of all communications.
When monitoring software goes too far
This case highlights the risks employers face when using monitoring software that captures personal communications. The employee, a business development worker with three years' service, had her personal WhatsApp messages viewed by her employer through screenshots taken by remote monitoring software. While the employer had a legitimate interest in investigating a data breach, the tribunal found that the way it handled the situation crossed the line.
What went wrong
The employer initially told the employee that no action would be taken after an informal investigation into her WhatsApp chats with a former colleague. However, a director later accused her of disloyalty, contradicting the earlier assurance. The employee went on sick leave with stress and resigned after exhausting the internal grievance process. The tribunal concluded that the employer's conduct destroyed mutual trust and confidence, making the resignation a constructive dismissal.
What the employer could have done differently
A clearer policy on personal use of work computers and monitoring, combined with consistent messaging after an investigation, might have avoided the breach. The employer could have also dealt with the grievance more promptly and sensitively, rather than leaving the employee to feel isolated and unsupported.
Why this matters
For employees, this case shows that resigning in response to a serious breach of trust can succeed as a constructive dismissal claim, especially if they have raised a formal grievance first. For employers, it serves as a warning that monitoring software must be used transparently and fairly, and that accusations of disloyalty must be backed by evidence and consistent with earlier communications.
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