Best Practices for HR Email Notifications with Legal Validity

The digitalization of Human Resources (HR) departments raises a frequent question: Can workplace communications —such as a dismissal letter, a formal request, or a preliminary hearing notice— be sent by email with legal validity?

The answer, supported by recent case law, is yes, provided certain technical and formal requirements are met that guarantee the legal validity of the communication.

This article compiles the legal principles and best practices that every company should follow before adopting email as the official medium for workplace notifications.

What the law requires for workplace communications

The Workers’ Statute does not impose a specific channel for communicating corporate decisions, but it does require that these be in writing and legally valid, especially in cases such as:

• Dismissals and disciplinary sanctions.
• Preliminary hearing notices.
• Formal requests or warnings.
• Substantial contractual modifications.

In these cases, the company must be able to demonstrate:

1. What was communicated (full content).
2. To whom it was addressed.
3. When it was sent and made available.
4. That the employee could reasonably access the message.

If any of these elements cannot be proven, the communication may be declared invalid, and in the case of a dismissal, unfair.

What case law says

Recent Spanish case law is consolidating the acceptance of email as a valid medium, provided it guarantees traceability and sufficient proof.

In particular, a ruling by the Superior Court of Justice of Galicia (2024) analyzed our legal expert advisors highlights that email is valid if the company demonstrates that:

• The address used was customary and operational in the employment relationship.
• The content of the communication can be fully certified.
• There is a record of sending, delivery, or making available to the employee.

The court concluded that email cannot be rejected merely for being an electronic channel, if it meets the requirements of proof and effective knowledge of the message.

How to adapt electronic communications to legal requirements

For a workplace notification by email to have legal validity, the HR department should establish an internal protocol with the following guidelines:

1. Define and validate the official notification channel

The email address must be registered as the official notification channel through a contractual clause or internal policy.

Additional recommendation: Although case law does not require prior consent, it is highly advisable for employees to sign an authorization letter or addendum in which they acknowledge their email as a valid medium for receiving formal communications. This simple measure reduces the risk of challenge and provides clear documentary proof of informed consent.

2. Guarantee technical traceability of the communication

Use a certified electronic delivery service (ERDS) that guarantees traceability. Solutions like eEvidence certify sending, content, and delivery, generating technical evidence in accordance with the eIDAS Regulation, verifiable in court, giving the communication full probative force.

3. Certify effective knowledge

The employee does not need to open the email for it to be valid, but the company must demonstrate that the message was made available through an accessible and customary channel. Making it available in the email inbox provided by the employee certifies this fact.

Key point: It is vital to establish the presumption of validity: the provided address will be considered valid and operational for notifications until the employee formally communicates a change, with the responsibility for its operability falling on the employee.

4. Document notification attempts

If the employee does not respond, maintain a record of all attempts made (date, time, recipient, channel, reason for failure if the email is rejected). This demonstrates the company’s due diligence in the event of a claim.

5. Train and communicate the internal policy

Inform employees that certain formal acts may be communicated through electronic means with valid proof. Transparency reduces disputes and reinforces the validity of the channel.

6. Preserve the evidence

Electronic evidence (such as the eEvid certificate generated by eEvidence) must be archived together with the employment file. The proof document must include sender identification, content, timestamps, and proof of delivery.

When registered email is especially recommended

• When the employee does not have an updated address or cannot be located.
• When telephone or in-person contact has been impossible.
• When the company needs a quick response or immediate traceability (e.g., requests or hearings).
• When internal HR processes are digitalized or automated and require integration with corporate systems.

In these scenarios, registered email is the most effective and legally secure option, as it combines speed, reduced cost, and full legal validity.

Frequently asked questions (FAQ)

Must the employee expressly agree to receive notifications by email?

Not always. Case law accepts email if the employee uses it regularly or if it was the only reasonable means of contact.

What is the difference between regular email and registered email?

Registered email generates signed electronic evidence from a trusted third party that certifies sending, content, and delivery, while regular email does not allow verification of these elements in court.

What if the employee doesn’t open the email?

The communication remains valid if it is demonstrated that it was made available to the recipient on their server or inbox.

Can a dismissal be communicated by registered email?

Yes, provided the requirements for proof of sending, content, and delivery are met. Case law supports it when no other effective means exist.

Conclusion

The validity of workplace notifications by email depends less on the channel and more on the guarantees that accompany it.

When the HR department uses systems that certify sending, content, and delivery —such as registered email in accordance with the eIDAS Regulation—, the communication acquires full probative force and protects both the company and the employee.

In an environment where mobility and telework make in-person communications difficult, adopting secure and traceable electronic protocols is no longer just a technological option: it is a legal and organizational necessity, which also offers a notable cost advantage over the traditional registered mail.