A Whatsapp message just cost £248,000. The High Court's ruling in Jaevee Homes v Fincham [2025] serves as a wake-up call for every founder and business leader using WhatsApp for work discussions. What happened? Jaevee Homes approached contractor Steve Fincham for demolition work at a Norwich nightclub. After initial emails discussing scope and pricing, negotiations moved to WhatsApp in May 2023. The "contract-forming" messages? 💬 "Hi Ben How did you get on mate is the job mine mate" 💬 "Can you start on Monday?" 💬 Later: "Ben Are we saying it's my job mate so I can start getting organised mate" 💬 "Yes" After this WhatsApp exchange, Jaevee sent formal subcontract terms via email, assuming they could still negotiate the "real" contract. The Court ruled it was too late - the WhatsApp agreement had already been formed and was binding. Fincham completed the work, invoiced monthly, but Jaevee refused to pay, arguing no formal contract existed. An adjudicator sided with Fincham, and now the High Court has confirmed: those casual messages created a £248,000+ legal obligation. The Court's finding: These informal messages contained all essential elements of a binding contract - offer, acceptance, consideration, and intention to create legal relations. What this means for your business: ✅ Audit your team's messaging practices - Review how sales teams, project managers, and executives use WhatsApp, Slack, Teams for client communications ✅ Implement clear messaging policies - Require disclaimers like "subject to formal written agreement" or "this is just a preliminary discussion" for any commercial conversations ✅ Train your teams on the risks - Help everyone understand that tone and informality don't determine legal consequences - intent and content do ✅ Create safe communication channels - Establish clear protocols for when discussions should move from informal messaging to formal documentation ✅ Be especially careful with confirmations - Phrases like "it's a deal," "you've got the job," or "let's do it" can be legally binding, even in casual contexts The broader implication: This isn't just about WhatsApp. English courts focus on substance over form. Whether it's Slack, email, or even verbal agreements, if you demonstrate intent to be bound, you likely are. Bottom line, in English law, informality won't protect you. A casual "yes" can create the same legal obligations as a 50-page contract. Time to review those chat policies? 📱⚖️
Why WhatsApp should not replace email in work settings
Explore top LinkedIn content from expert professionals.
Summary
While WhatsApp offers instant messaging, it should not replace email for work communications because it can blur professional boundaries, create legal risks, and encourage an “always-on” work culture. Email remains a structured and professional tool for managing business interactions and documentation.
- Set clear boundaries: Use email for official communication to maintain professional distance and avoid after-hours disruptions.
- Protect legal interests: Rely on email for contract discussions since casual messages on WhatsApp can unintentionally create binding agreements.
- Prioritize professionalism: Choose email to keep conversations organized, direct, and less prone to confusion than informal chat apps.
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Why I’ve gone back to email for client communication 📧 For the past 4 years I’ve used WhatsApp with my clients. Daily check-ins, quick replies, easy voice notes it felt like the fastest way to stay connected. But here’s the problem: boundaries. In May I signed a client who repeatedly overstepped with communication. Despite me pushing back multiple times, the messages still came, 11pm on a Sunday, 11.30pm on a Thursday night. And that’s not unusual. The issue isn’t just about me and my time. It’s about them too. WhatsApp creates endless back-and-forth that doesn’t need to happen. It blurs the line between work and WhatsApp ping. It wastes energy and creates a false sense of “instant access.” So I’ve made the decision: new clients are onboarded via email. Emails keep things streamlined. Straight to the point. Clear. Professional. No blurred lines. 👩🏻💻 Does this make the relationship weaker? Not at all. That’s what monthly strategy sessions are for deeper connection, meaningful conversation, real results. You don’t need to be in your client’s pocket 24/7 for the relationship to thrive. If you’re a service provider reading this, this is your reminder that you get to set the standard for communication in your business. Boundaries protect not just your time, but the quality of service your clients receive. Id love to know your thoughts on this! 💭
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"Ting." "Ting." "Ting." Your WhatsApp keeps buzzing. Morning, afternoon, evening… and then, late at night too. Why? Because your boss is at work. And if they’re working, shouldn’t you be too? That’s the unspoken expectation that’s creeping into modern workplaces. The culture of sending work over WhatsApp at all hours is one of the most intrusive and careless work habits we’ve normalized in India. It sets the wrong precedent. It doesn’t respect boundaries. It keeps people in a perpetual state of half-work, half-rest — never fully disconnecting, never fully recharging. I remember the day, many years ago, when this hit me personally. I woke up in the middle of the night and glanced at my phone to check the time. 3:00 AM. And there it was — a message from my boss. Not urgent. Not life-threatening. It was just a work message that could have easily waited till morning. But now I was awake. Not just physically, but mentally. My sleep had vanished, my mind was racing. Should I respond? Should I ignore? What if he notices that I’ve read it and expects an answer? I started thinking about the message and it took me a while to get back to sleep. One ping. And my peace was gone. This is the problem. Work on email at least gives you the option to check at your own time. WhatsApp, however, forces immediacy. And when leaders do this, they send a silent message to their teams— “I don’t care about your time. I work as per my schedule.” That’s just poor culture. If you’re a manager, a leader, or a boss — be mindful of the precedent you set. Respect your team’s time. Because a well-rested team always outperforms a constantly disturbed one. Have you experienced this? Would love to hear in the comments below #Culture #Corporate #Whatsapp #TeamManagement