Spain: Use of an Employee’s Personal Email to Notify Them of Dismissal—Is This the Right Option?

In many sectors of activity, it is common to have a dispersed workforce and to use teleworking, which requires, among other things, that all communications be carried out by electronic means.

However, it is a common mistake for companies to use electronic tools to notify an employee of their dismissal (especially email), as there is no method capable of certifying the correct receipt of the message’s content in the technological market that has been endorsed by the Spanish courts.

Therefore, the use of ordinary certified mail remains the best option for communicating the termination of employment.

In the case under review, the High Court of Justice of Catalonia, in its ruling of 10 April 2024, declared that a dismissal communicated by email using Signaturit was unfair.

In this case, it was clear that the email had been opened, but the Court understood that email was not the usual means of communication, nor did it have any evidence that the employee personally checked her email.

In short, the fact that the email was opened does not mean that the communication was accepted, and therefore, these tools (Signaturit and similar) have no effect in terms of dismissal communications, and the company must use traditional certified mail.