My word is my bond, but what about my emoji????

The answer may surprise you!!!

I often talk about how any type of communication including text messages and WhatsApp can be relevant and binding, but can a thumbs-up emoji be used as evidence of acceptance of a contract?

Strangely enough, yes, it can. In a recent case, where it was shown that one side had regularly replied to the other side’s WhatsApp messages with a smiley face or a thumbs up to show he agreed with something, an emoji sent in response to a WhatsApp message setting out some terms were accepted as evidence that the parties had reached an agreement. The lack of a signature or even words does not stop a contract from being entered into.

I’m sure that most of you might understand that, but have you talked to your staff about the dangers of using emojis and how they can be dangerous if used in the wrong way?

We’re all familiar with the story of a grandmother accidentally using LOL thinking it meant Lots of Love, when it actually means Laugh out Loud (not really appropriate when you’re responding to a message about someone passing away). And I know of at least one person who used the “Pile Of Poo” emoji which she thought was chocolate mousse. But those are often attributable to older people, particularly those with poor eyesight.

So how about younger people who use emojis like I drink champagne – regularly and often. Do they know the risk they take if their meaning isn’t clear, especially if it means that they are binding your company into an agreement that you haven’t authorised?

Similarly, do they know when it’s appropriate to end a message with an “X”. Many younger people that I’ve come across are so used to ending their messages with a kiss that they don’t appreciate that it can be misconstrued, especially when there is more responsibility now on companies to take action to prevent harassment in the workplace.

The answer, in my opinion, is to have clear guidance in your handbook as to how staff communicate with each other and third parties. Reminding them of the importance of clear, unambiguous communications, and how easy it is for something to be misinterpreted is often a good way to start.

Kleyman & Co Solicitors. The full-service law firm. 💓 🤞 👋