It can be very difficult to balance the competing requirements of professionalism and camaraderie within the workplace. It is a challenge that has no correct answer. Indeed, the recent case of Ms G Ursuleanu v Vicars Cross Healthcare Ltd and Others: 2407268/2023 has highlighted just how complicated this can be in a world of instant messaging. The Case In the above case Ms Ursuleanu, a Romanian, worked as a security guard for Vicars Cross Healthcare from August 2022 to March 2023. During her employment Ms Ursuleanu raised a number of concerns regarding the conduct of other employees. One of the issues related to messages in a work group chat that comprised of 13 members. On 12 March 2023 Ms Ursuleanu sent a message stating: “please remember about fire exit sign, fire extinguishers and fire risk assessment.” . Two further messages reminding the group what needed to be done prior to an NHS visit of the site. In response, one of the members of the group responded with a message that read “already sorted today don’t worry” . When Ms Ursuleanu subsequently acknowledged the response, the second respondent sent a “GIF” with the phrase “BITCH I AM LYING”, followed by a message that read “But I will sort” , followed by a laughing emoji. Whilst it was the second respondent’s position that no offence was intended and subsequently apologised, when other comments made by other employees were considered, the result was that the conduct amounted to harassment that her employer had failed to prevent and Ms Ursuleanu, was awarded almost £14,000 In Conclusion It can be very easy to take this case at face value and out of context. This is not a case where employees shared a text message and GIFs and as a result the employer is liable for compensation. In the case in question Ms Ursuleanu alleged a course of conduct over a number of weeks and pursued several complaints; only one succeeded. It is also important to note the importance of the context in which the “BITCH I AM LYING” GIF was sent. On its own it is unlikely to have resulted in compensation being awarded, but when it was considered by the court as part of a wider course of conduct, it was noted as evidence of harassment on the grounds of her sex, and this is perhaps the key here. Whilst members will not be expected to police private communications, they will be judged on their approach to any workplace messaging or comments made within the workplace. Employees are entitled to be protected from unwanted conduct as well as a hostile, degrading, humiliating or offensive environment related to a relevant protected characteristic, such as their sex etc… Had the employer noted the nature of the comments being made earlier, and particularly comments in the work group chat, and acted, then they could have avoided the entire situation. The trick to managing this type of situation is to have a clear idea in advance of what is and what is not acceptable conduct, to clearly communicate this to employees and to apply this consistently. Lastly, where employee communications cross the line, it can be more effective to correct a small comment early than manage a much larger issue further down the line. Don’t forget, as this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, a full suite of template documents and policies, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.