According to recent media reports, a group of former employees of Rockstar Games, the developer behind the highly anticipated Grand Theft Auto VI, have commenced employment tribunal proceedings alleging they were dismissed for union-related activities. Rockstar Games denies those allegations and has reportedly asserted that the former employees engaged in conduct that was “vituperatively disparaging and defaming” the company through a Discord server. The former employees, in turn, deny those allegations and maintain that the online discussions were part of legitimate union organizing efforts. As with most workplace disputes, what started as a disagreement among employees appears to have spawned a much larger battle involving employee speech, workplace rights, confidentiality obligations and reputational concerns.
While most employers are not developing one of the world’s most anticipated video games, the workplace issues raised by this story are anything but fun and games. Employee discussions increasingly take place in private or semi-private digital spaces such as Discord, Slack, WhatsApp and Signal. Employers may view some of those communications as disparaging, harmful to their reputation, or a misuse of confidential information. Employees may view the very same communications as protected discussions about workplace conditions or the digital equivalent of talking around the office coffee machine. Determining where protected employee expression ends and misconduct begins can be far more challenging than pressing a mute button on a chat server.
The practical takeaway for employers is that workplace policies drafted before the rise of modern communication platforms may no longer be equipped for today’s realities. Employers should ensure that confidentiality, social media, electronic communications and code of conduct policies clearly address employee expectations in digital spaces. They should also exercise caution before characterizing employee criticism as “disparagement” or “defamation,” particularly where employees are discussing workplace concerns or engaging in protected activity. In many cases, clear policies, careful investigations, and measured responses will be more effective than hitting the litigation equivalent of a five-star wanted level. The WeirFoulds Employment & Labour Group regularly assists employers with navigating these issues because, unlike in Grand Theft Auto, workplace disputes are rarely improved by escalating the chaos.
The information and comments herein are for the general information of the reader and are not intended as advice or opinion to be relied upon in relation to any particular circumstances. For particular application of the law to specific situations, the reader should seek professional advice.
