When banter crosses the line: can WhatsApp messages which harass other members of staff put a teacher's career at risk?

We look at the professional conduct proceedings against Mr Gregory and whether his conduct ultimately resulted in a teaching ban. 

Facts

Mr Gregory was employed as Assistant Headteacher of Ethos and Outcomes. 

A member of staff raised concerns about messages Mr Gregory had allegedly sent to female colleagues in a WhatsApp group. Some contained sexually explicit comments, while others were less direct but referred to sexual conduct or sexualised behaviour. 

The WhatsApp group was used by a small group of colleagues to discuss personal matters, as well as work-related issues such as staff timetables.

The school investigated and held a disciplinary hearing. The matter was subsequently referred to the TRA. 

The TRA alleged that Mr Gregory was guilty of unacceptable professional conduct and/conduct that may bring the teaching profession into disrepute. In particular, it alleged that he: 

• Failed to maintain appropriate professional boundaries with colleagues by posting sexual messages or innuendo in the WhatsApp group, including comments such as “I do love you when you're angry…” and “Now that would be hot and ….sexy”; and
• Engaged in conduct that was sexual in nature and/or was sexually motivated, including sending messages despite staff members asking him to stop on one or more occasions. 

What did the professional conduct panel find? 

At the hearing, Mr Gregory denied sending all of the messages but admitted sending some of them. 

On the balance of probabilities, the panel found that he had sent the messages in question and, in doing so, had failed to maintain appropriate professional boundaries. 

The panel also found that he had sent some of the messages for sexual gratification and/or to pursue a sexual relationship with one or more colleagues. It concluded that some of his messages were therefore sexually motivated and/or sexual in nature. 

However, the panel found no evidence that colleagues had asked Mr Gregory to stop sending the messages. It therefore found that part of the allegation unproven. 

Did he breach the Teachers' Standards?

The panel considered whether Mr Gregory's behaviour amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute. 

It found that he breached the following Teachers' Standards requiring teachers to: 

• Uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by at all times observing proper boundaries appropriate to a teacher's professional position. 
• Have proper and professional regard for the ethos, policies and practices of the school in which they teach, and maintain high standards in their own attendance and punctuality. 
• Understand and always act within, the statutory frameworks which set out their professional duties and responsibilities. 

The panel placed particular weight on Mr Gregory's senior role. As a senior leader, he held a position of authority and had a responsibility not to participate in or encourage inappropriate messaging.  

Although some of the messages were sent outside working hours, the panel did not accept that the WhatsApp group was unconnected with his employment. Staff also used the group to discuss work-related matters, including timetabling. 

The panel concluded that Mr Gregory's behaviour amounted to serious misconduct and fell significantly below the standards expected of the teaching profession. It therefore found him guilty of unacceptable professional conduct. 

Did his actions bring the profession into disrepute? 

The panel highlighted the difference in seniority between Mr Gregory and other members of the WhatsApp group, which created a clear power imbalance. 

It also considered the volume of inappropriate and unprofessional messages, including messages of a sexual nature. Taken together, they demonstrated a pattern of behaviour rather than an isolated incident. 

The panel therefore concluded that Mr Gregory's conduct brought the teaching profession into disrepute. 

Was he banned from teaching? 

The panel concluded that a prohibition order was appropriate and proportionate. 

When reaching its decision, it placed particular weight on the fact that Mr Gregory had sent sexually motivated messages to staff members. It considered there was a strong public interest in protecting school staff and maintaining public confidence in the teaching profession. 

The panel also took account of Mr Gregory's lack of insight and evidence of remediation. 

It recommended that he should be prohibited from teaching, with the opportunity for it to be reviewed after three years. 

The Secretary of State agreed. 

Key takeaways for schools and colleges

This case is a timely reminder of the strengthened duties on employers to prevent harassment at work. 

Since 30 October 2026, employers must take all reasonable steps to prevent sexual harassment of their staff, whether the harassment comes from colleagues or third parties. 

Employers can also now be held liable where an employee is harassed by a third party in the course of their employment, unless they can show that they took all reasonable steps to prevent it. Importantly, this protection extends beyond sexual harassment and applies to all types of harassment. 

This case highlights that workplace harassment does not have to take place in the physical workplace. With staff increasingly communicating through WhatsApp, Teams and other digital platforms, inappropriate messages sent outside working hours can still have a connection to work. You should therefore consider digital communications as part of your approach to preventing harassment. 

Given these wider responsibilities, you should revisit your harassment risk assessment. Identify where harassment risks may arise, consider what reasonable steps you can take to reduce those risks, put those measures in place and regularly review whether they are working. We can support you through each stage of the risk assessment process.  

Training is another important part of prevention. You should ensure that all staff understand the standards expected of them, recognise inappropriate behaviour when it occurs, and know how to respond effectively to concerns. Our back to basics training modules include dedicated sessions on sexual harassment and third-party harassment for both employees and managers. We can also provide bespoke face-to-face or remote training tailored to the needs of your organisation. 

Please speak to Gordon Rodham for more information.

You can also find out more about the Employment Rights Act 2025 and the other employment law changes coming into force here. 

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