Emojis in the workplace – potential risks and guidance for HR

Emojis can lead employees into trouble if they’re used inappropriately in the workplace – read on for potential pitfalls and practical guidance from our employment law experts.

In today’s digital age, the use of emojis has infiltrated nearly every aspect of communication, including in the workplace. Whether using emojis in the workplace is acceptable is entirely dependent on the context.

The industry or profession you are in, the culture of your workplace, and the relationship you have with the person you are communicating with are all relevant.

Potential pitfalls

Examples of inappropriate use of emojis in the workplace include:

• Employees getting too casual in their interactions on platforms such as Microsoft Teams, WhatsApp or Facebook group chats, forgetting that these conversations are still work-related and can be screenshotted and shared with their employer.
• Using emojis that have an ambiguous meaning or could be seen as sexually suggestive. It’s important to remember that the interpretation of an emoji will often depend on the age and cultural background of the person receiving it. Confusion or misinterpretation can lead to allegations of harassment or misconduct.
• The perception of supporting something in poor taste. This can be generated by even seemingly harmless actions, such as reacting to an inappropriate joke with a laughing emoji – but can ultimately result in implicating an employee.

In New Zealand, there is limited emoji-specific case law in the employment context. However, in a 2023 Canadian case, a court held that the “thumbs up” emoji was a valid signature.

The case involved a farmer who offered grain for sale. A buyer made an offer and the farmer sent the thumbs up emoji via text. The farmer later decided that he did not want to go through with the sale because prices had increased and he thought he could get a better deal. He tried to avoid the sale by arguing that the thumbs up emoji wasn’t his agreement to the contract.

However, the court held that the thumbs up emoji constituted the making of a binding legal contract.

This case may pave the way for the courts to recognise the thumbs up emoji – and possibly other positive emojis – as valid acceptance of a contract.

Practical guidance for emojis in the workplace

• Avoid emojis in formal communications. Emojis should generally be avoided in formal communications such as emails with clients, customers, or superiors, because they can look unprofessional.
• Remember it’s permanent. All digital communications, including texts and chat messages, should be considered permanent records that reflect both the sender and their employer.
• Tread with caution. New employees should exercise caution when using emojis in a new workplace. We suggest observing the workplace culture before incorporating emojis into communications.
• Review communications policies. Because emojis are used so regularly, employers should review their electronic device and e-mail communication policies to ensure they include the use of symbols.

Maria Green is a special counsel at Lane Neave in Christchurch, specialising in employment law. Abby Lohrey is a solicitor at Lane Neave in Auckland, specialising in employment and health & safety law.