Private messages as evidence for dismissal

[MrsCherrytree]

Can employers use screenshots of private messages, on personal devices, out of hours against an individual as evidence of gross misconduct?

Usually yes, how were they obtained by the employer?

Yes, pretty sure they can.

If the messages are evidence that policies were breached (eg social media policies) then yes, I believe so. Can you give some more context @MrsCherrytree ?

Yep usually

Depends how they acquired them and what they say.

Social media - yes
If they are messages about colleagues, contain sensitive info about work or staff or are highly critical or offensive or reveal your illegal activities, yes.

Basically if they’ve got copies - they aren’t private…

Obviously it could have said anything but for example if there was a screenshot of you saying "I stole 1 of the new work ipads" of course that would be allowed to be used against you for dismissal.

Yes.

Don’t forget that they would also have to prove who owns all these social media accounts. Anyone can be catfished.

It's hard to explain without going into detail.

But in its simplest form.

A manager, texting an employee confidential information and making threats to damage the company.

Employee screenshots the messages and whistle-blows.

Not social media. Text messages, so can easily be confirmed to be from the person accused

Would there be any chance of consequences for the employee who whistleblows

Yes, private messages that are publicly viewable. In other words not really private. Or if someone discloses the message to the employer and it is not in some other way privileged.

You can be fired, for example, by posting negative things about your employer on Facebook.

Depends on the whistleblowing policy.

The honest truth is usually yes it’s hell and they end up leaving.

The whistle-blower (is this you?) should be protected, but that may not always happen in practice.

I would report it in the circumstances that you describe, OP. And take the risk. Otherwise you potentially become complicit?

Whistleblowers are protected but there are certain specific things that fall under the definition of whistleblowing. It isn’t just as simple as you complaining about a manager and therefore being classed as a whistleblower. You will also need to report to a specific person and this should be detailed in an internal policy somewhere

Some advice here on what counts as a protected disclosure (aka a whistleblow). www.davidsonmorris.com/protected-disclosure/