Is a dismissal by digital notification (email, WhatsApp...) valid in Spain? Case law establishes that it is only legal if the worker has given his express consent; otherwise, it is recommended to use traditional means such as burofax or face-to-face delivery to ensure legal certainty. These issues are fundamental, as they can determine whether a dismissal complies with the regulations or is considered unfair.
Is it legal to dismiss a worker by email or WhatsApp in Spain?
In this video, Almudena Bascones, labor lawyer in Barcelona, explains whether it is legal to dismiss a worker by email or WhatsApp in Spain. She outlines the conditions under which these means can be considered valid, the relevance of including an annex in the contract authorizing it and the safest channels for formal notifications, such as delivery in person or burofax.
Why the generic clause is no longer sufficient
For years it has been recommended to include phrases in contracts such as: "Notifications may also be validly made by email to the address provided by the employee.".
The problem is that the courts consider that this wording is too generic and does not guarantee that the worker has expressly accepted this channel. This generates a risk: if the communication is challenged, the dismissal or penalty could be declared unjustified.
The contractual annex: the solution to ensure the validity of communications
To legally reinforce digital labor notifications, we recommend implementing a specific contractual addendum that:
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Expressly authorizes the company to use certain channels (email, WhatsApp, postal address, etc.) for communications with the worker.
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Requires the employee to keep their contact details up to date.
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Establish that the last address provided will be considered valid as long as a change is not communicated.
With this document, the company strengthens its legal security, reduces risks of contestation and modernizes its internal procedures.
Which media do we still recommend?
Despite digitalization, traditional means are still the safest:
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Sanctions and dismissals: preferably delivered in person, or if not possible, by burofax.
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Email: can be used as reinforcement or prior notice, but never as the only means unless expressly authorized.
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WhatsApp and other apps: not recommended as exclusive means, except in very specific cases.
Jurisprudential recommendations and the need for express agreement
Is a dismissal communicated by email valid? The case of the High Court of Justice of Catalonia (2024)
The Superior Court of Justice of Catalonia declared the dismissal of a worker notified by certified email to be unfair, TSJ of Catalonia (Social Chamber) - judgment 2096/2024 (April 10, 2024). In this case (Bon Preu Company, objective dismissal in 2022), the dismissal letter was sent by email using the Signaturit certification platform . However, the Chamber found several fundamental flaws in the notification:
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Lack of express consent: It was not proven that the worker had accepted to receive communications by electronic means, nor that she had designated that email address as her address for the purpose of notifications.. A generic clause in the contract was not sufficient; there was no evidence of a clear agreement of the employee to use email as a formal means of communication.
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Uncertain e-mail address: Neither was it proven that this e-mail address belonged to the employee or that she habitually used it. In fact, on previous occasions the company had sent communications to a different address, evidencing a lack of certainty as to the correct channel.
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Burden of proof for the company: The worker denied receiving the email or the attached letter, arguing that she was unable to defend herself because she was unaware of the reasons for the dismissal. The SCJ recalled that it was up to the company to prove that the means used was adequate and allowed the worker to know about the communication. Given that the system certified the delivery and opening of the mail but could not prove who opened it, the company failed to prove that the notification had actually reached the employee.
Consequently, the Catalan court concluded that the email did not comply with the formalities of article 55.1 of the Workers' Statute, which requires written notice of dismissal.The first-instance judgment was overturned and the dismissal was declared unfair. The Court emphasized which are the suitable means of communication in these cases: personal delivery of the letter, registered mail with acknowledgement of receipt, telegram, burofax or even the notarial act, since all of them allow accreditation of receipt by the worker. On the contrary, it warned that electronic means such as email or WhatsApp are doubtful as to their legal reliability: as a general rule they are not considered valid, unless in the specific case it can be reliably demonstrated their correct notification and receipt by the addressee. In this judgment, the lack of express consent of the employee to use email was decisive to invalidate the electronic communication and made clear the need to clearly agree with the employee the use of these channels.
Dismissal by e-mail in Spain: the exception of the TSJ of the Canary Islands (2022)
In the Canary Islands, the judicial position has been more flexible only when there is a tacit acceptance of the digital medium. Ruling No. 741/2022 of the TSJ of the Canary Islands (Social Court of Santa Cruz de Tenerife) upheld the validity of a dismissal communicated by email, but under very specific conditions. In that case, the company was able to prove that email was the usual means of communication with the employee - for example, the pay slips were regularly sent to that address -and that the employee never objected to its use. In fact, the judgment itself states that the notification was admitted "upon proof that this means of communication was customary for communication between the parties and that the employee did not object to receiving the communication indicating that the e-mail was not correct" . In other words, there was a sort of implied consent inferred from continued use and the employee’s lack of objection.
By virtue of these circumstances - and given that the law does not require a specific channel as long as the communication of dismissal is in writing - the Canary Islands Supreme Court considered the dismissal by e-mail to be valid in this specific case. However, the judges warned that this ruling does not imply a general rule applicable to any dismissal via email. On the contrary, they emphasized its exceptional nature ("an isolated pronouncement") and recalled that it will not always be easy to prove that the employee received the mail correctly and that this method was the usual one in the employment relationship. In summary, Canary Islands case law allows electronic notification only when there is a clear authorization or a continuous practice that evidences the worker's consent. Outside these cases, communication exclusively by email may not meet the formal requirements, and therefore remains risky without the express backing of the employee.
Is a dismissal by WhatsApp legal in Spain? The answer of the TSJ of Galicia (2021).
The Superior Court of Justice of Galicia took a strict stance in defense of the classic formalities. In Ruling No. 2070/2021 (Rec. 47/2021) of May 20, 2021, the Social Chamber (A Coruña seat) assessed a disciplinary dismissal communicated by WhatsApp and declared it invalid, stating that this route does not meet the legal requirements of notification of art. 55 ET. The Galician ruling flatly rejected the validity of a WhatsApp message as a letter of dismissal, stating four main reasons:
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a) Not everything sent by a messaging app can be considered a valid labor communication in legal terms.
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b) This method of notification may conflict with the worker’s fundamental rights, such as the right to privacy, secrecy of communications or protection of personal data.
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c) The worker cannot be required to keep their phone on outside working hours or to constantly monitor messages during rest time.
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d) WhatsApp messages do not meet the conditions of authenticity required by the Civil Procedure Act to prove a notification: there is no certain proof of its content or its receipt by the addressee, so there is no guarantee that the worker has actually received it.
This Galician judgment concludes that communicating a dismissal by WhatsApp does not comply with the written form legally provided for (art. 55.1 ET) nor does it offer sufficient legal guarantees. Consequently, it declared the dismissal thus notified to be unfair. It should be noted that this is not an isolated criterion: the resolution itself cites that the TSJ of Extremadura already in 2018 (Sent. of 18/09/2018, Rec. 472/2018) had denied validity to a similar communication via WhatsApp between company and worker. In other words, various autonomous courts have agreed that, without specific authorization, informal electronic channels do not satisfy the formal requirements of notification in the labor sphere. The only exceptions are very particular cases where the law does not require a written form (for example, the communication of failure to pass the trial period, which the ET allows to be made without formalities) or those cases - already mentioned - in which the worker expressly consents to the use of a specific digital medium. Outside such exceptional scenarios, the unanimous recommendation is to avoid relying solely on email or WhatsApp for sanctions or dismissals, due to the high risk that the notification may be deemed invalid or improper.
Main jurisprudential conclusions
A common principle emerges from this jurisprudential overview: email (or other telematic means) can only be considered a valid means of labor notification if the worker has given clear and prior consent to do so. Generic clauses in the contract of the type "communications will be made by email" have proven to be insufficient on their own, unless they are accompanied by explicit acceptance by the employee or by a prolonged practice implying tacit agreement.. Likewise, judicial doctrine insists that, in the absence of such clear consent, companies must resort to traditional reliable means for important communications (sanction letters, formal warnings, dismissals, etc.).
How Conesa Legal can help you
At Conesa Legal, we analyze each case individually—considering the type of contract, activity, working hours, and the company’s needs to design an annex model adapted to your circumstances.
Our goal is to help you to:
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Avoid claims due to formal defects.
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Optimize internal communication procedures.
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Reduce unnecessary costs derived from labor litigation.
If you wish to implement this annex in the documentation of your labor contracts, do not hesitate to contact us.
