Site Communications – Question:

We’re starting work on a residential project in Kent. Our employer wants us to use a WhatsApp group for communications on site – is that a good idea?

Answer:

The use of instant messaging as a mainstream communication tool looks here to stay. Fast communication to multiple recipients is achieved instantaneously. Polls allow quick feedback and rapid document-sharing speeds up record sharing.

At a day-to-day level, messaging software can be a harmless enabler of good working relations. It sits in the same lane as countless other online groups in a multitude of workplaces.

Another asset is that it creates a date-stamped record for receipt of communications for export. This can provide a useful record of the transfer of information for later analysis. Where disputes arise, often the simplest evidence can aid their resolution – a record of when a photograph or a video was shared and seen by each relevant person.

In the legal context, however, communication via WhatsApp has scope to be problematic. A poorly thought-out communication could creep into the territory of constituting a formal contractual notice.

Depending on who is in the group, there could easily be a blurring of the boundaries of who the contracting parties are and who bears responsibility for the issue. It risks creating uncertainty as to who communication is for. This is particularly true where it crosses the line to being a contractual notice.

The contract may specify individuals who must receive notices…

You can read the full article here. Should you need help with a similar problem, please don’t hesitate to get in contact with us today.