Receiving a dismissal by WhatsApp in Barcelona can raise an immediate question: is a mobile message enough to terminate an employment contract? The answer does not depend solely on the channel used. It is necessary to assess the type of dismissal, the content of the communication, the effective date, how it was served and whether the applicable legal requirements have been met.
At Barcelona Laboral, we specialise in Employment Law and assess dismissals, claims and employment disputes in Barcelona. We review the communication received, digital evidence, deadlines and each worker's personal circumstances before defining the most appropriate strategy.
Quick answer: a dismissal by WhatsApp in Barcelona is not automatically valid or automatically unfair simply because it was communicated via WhatsApp. The Workers' Statute requires written communication and specific content. In addition, for current disciplinary dismissals, the prior hearing required by the Supreme Court since November 2024 must be taken into account. If the communication is insufficient or the dismissal breaches protected rights, it may be challenged.
Can a dismissal communicated by WhatsApp be valid?
WhatsApp is a written medium, but that does not settle the entire issue
Article 55 of the Workers' Statute requires disciplinary dismissal to be notified in writing, stating the facts on which it is based and its effective date. A WhatsApp message contains text, but for digital communication to fulfil this function, its authorship, integrity, receipt and content must also be capable of being evidenced.
Have you been notified of your dismissal by WhatsApp or email and are unsure whether it is legal? We assess your case with no obligation, so you know your rights from the outset.
For this reason, when facing a dismissal by WhatsApp in Barcelona, we do not recommend drawing conclusions based on the format alone. A complete, verifiable message does not raise the same issues as a phrase such as “do not come in tomorrow” or “we no longer need you”.
The content of the communication is decisive
In a disciplinary dismissal, a generic formula is not enough. The worker must be informed sufficiently clearly of the facts alleged against them and the effective date, so they can defend themselves.
If the message does not explain the reason, is ambiguous or does not make it possible to determine whether there is genuinely a decision to terminate employment, both the wording and the employer's subsequent conduct must be assessed: deregistration from Social Security, blocked access, removal of duties, provision of a final settlement or other circumstances.
What requirements must the employer meet according to the type of dismissal?
Disciplinary dismissal: facts, date and prior hearing
In a disciplinary dismissal, the written communication must state the facts and the effective date. In addition, under the case law established by the Supreme Court on 18 November 2024, the employer must give the worker the opportunity to respond to the allegations before carrying out the disciplinary dismissal, unless this cannot reasonably be required of the employer.
This prior hearing stems from Article 7 of ILO Convention 158 and is especially relevant for disciplinary dismissals made under the current case law.
Objective dismissal: reason, compensation and notice
If the employer intends to terminate employment on objective grounds, Article 53 requires written communication stating the reason, payment of the statutory compensation of 20 days' pay per year of service —subject to the legally provided exceptions— and 15 days' notice.
Therefore, a simple WhatsApp message stating that “your services are no longer required” will hardly, on its own, replace all the requirements of a properly executed objective dismissal.
The collective agreement may add further requirements
The applicable collective agreement may establish additional formalities. Numerous sectoral and company collective agreements coexist in Barcelona, so at Barcelona Laboral we also review this framework before assessing whether the dismissal has been carried out correctly.
What to do immediately after receiving the message
Keep the WhatsApp message, email and full context
Do not delete the conversation or alter the messages. Save screenshots showing the date, time, sender and context, and keep the original device. If the communication was received by email, also retain the original message and its header data where possible.
It is advisable to preserve only the employment documentation needed and to do so without taking company information unrelated to the dispute or subject to confidentiality obligations.
Check whether the dismissal is clear or ambiguous
If the employer has written something ambiguous —for example, “do not come in tomorrow until we speak”— we do not recommend automatically assuming there has been a dismissal. If the worker stops attending without clarifying the situation, the employer may later try to claim there were unjustified absences or job abandonment.
The Generalitat de Catalunya itself recommends continuing to attend work while there is no clear communication of dismissal, unless the employer prevents entry or it is unequivocal that the employment relationship has been terminated.
Do not admit facts or sign agreements without reviewing their implications
Replying to the message does not in itself mean accepting the dismissal, but it is advisable to avoid admitting facts that the employer may later use. Any final settlement, agreement or waiver document should also be reviewed before signing.
When facing a dismissal by WhatsApp in Barcelona, the aim in the first few hours is to preserve evidence and avoid unnecessarily compromising your legal position.
How to strengthen digital evidence
Electronic messages can be submitted as evidence. However, an isolated screenshot may be challenged if there are doubts about its origin, integrity or manipulation. A notarial record or IT expert report is not always mandatory, but these methods may strengthen authenticity where the other party disputes the messages.
Keeping the original phone, retaining the complete conversation, saving exported copies, preserving original emails and providing other consistent evidence —such as deregistration from Social Security, a final settlement, a subsequent call or withdrawal of access to the workplace— can significantly strengthen the body of evidence. A 2025 judgment of the High Court of Justice of Aragon, for example, highlighted the evidential difficulties that unauthenticated WhatsApp screenshots may raise when they are intended for use at certain procedural stages.
The 20-day deadline and prior conciliation in Catalonia
The deadline to challenge a dismissal is 20 working days
The right to bring a dismissal claim expires 20 working days after the dismissal takes place. Saturdays, Sundays and public holidays at the seat of the judicial body are not counted.
If the communication does not clearly establish an effective date, the start of the time limit should not be assumed. It is necessary to determine when the termination decision actually took place in light of the communication and subsequent events.
Conciliation suspends the expiry period
In Catalonia, as a general rule, before filing a dismissal claim, prior administrative conciliation must be attempted before the Generalitat's conciliation service. Filing the application suspends the expiry period; it does not restart it from zero.
For this reason, at Barcelona Laboral we calculate how many days have elapsed before conciliation and how many remain available if no agreement is reached.
Unfair dismissal, nullity and compensation
When a dismissal may be declared unfair
For disciplinary dismissal, Article 55 provides that it is unfair where the alleged breach is not proven or where the form does not comply with legal requirements. The general compensation for unfair dismissal is 33 days' pay per year of service, capped at 24 months' pay, with the transitional 45/33-day regime applying to contracts predating 12 February 2012.
Every day counts: the deadlines for challenging a dismissal are short. Contact our employment lawyers in Barcelona and act before it is too late.
If the employer opts for reinstatement in legally provided cases, the relevant rules on back pay apply.
When it may be void
A dismissal is not void simply because it was communicated by WhatsApp. It may be void where the decision is discriminatory, breaches fundamental rights or affects certain circumstances specifically protected by the Workers' Statute.
These include, subject to the applicable legal requirements, situations linked to pregnancy, birth, certain leave arrangements and work-life balance rights, as well as prohibited retaliation or discrimination.
Being on sick leave does not make every dismissal void
Illness is a protected ground against discrimination under Law 15/2022, but not every dismissal during temporary incapacity is automatically void. It is necessary to assess whether there is evidence that the illness prompted the decision and, where applicable, how the employer justifies the termination.
Can the employer correct an improperly communicated dismissal afterwards?
The Statute permits a new disciplinary dismissal in certain cases
Article 55.2 allows an employer, where a disciplinary dismissal was carried out without complying with certain formalities, to issue a new dismissal meeting the omitted requirements within 20 days of the first one.
That new dismissal takes effect only from its own date. The employer must make the pay accrued during the intervening days available and keep the worker registered with Social Security throughout that period.
A subsequent letter does not automatically erase everything that happened before
Therefore, it is not correct to state that an employer can never rectify a defect. Nor is it correct to assume that any subsequent letter retroactively remedies the first message. It is necessary to assess the type of dismissal involved, when it took effect and whether the subsequent action genuinely meets the legal requirements.
Why contact Barcelona Laboral for a digital dismissal?
At Barcelona Laboral, we specialise exclusively in Employment Law and advise workers and businesses in disputes arising from dismissals, disciplinary sanctions, wage claims, changes to working conditions and other employment proceedings.
We assess form, substance and evidence
When facing a dismissal by WhatsApp in Barcelona, we review more than just the message. We assess the contract, collective agreement, alleged facts, effective date, prior communications, the prior hearing where applicable and the available evidence.
Negotiation, conciliation and court representation
We first assess the possibilities for agreement and conciliation. If no suitable solution is available, we prepare the strategy for the employment courts through a complete review of the case file and deadlines.
Frequently asked questions about dismissal by WhatsApp in Barcelona
Can a WhatsApp message be a dismissal letter?
Written communication may be made via WhatsApp, but the validity of the dismissal depends on compliance with all requirements applicable to the type of termination, sufficient content and the ability to properly prove notification.
At Barcelona Laboral, we review the form, substance and documentation of your dismissal to build the best strategy. Tell us what happened and we will guide you.
What happens if the message only says “do not come in tomorrow”?
It may be an indication of dismissal, but the context and the employer's subsequent conduct must be assessed. If the communication is ambiguous, it is not advisable to stop attending work without clarifying the situation or obtaining advice.
How long do I have to make a claim?
The general deadline is 20 working days from the dismissal. The application for prior conciliation or mediation suspends the expiry period under the terms established by the Employment Courts Procedure Act.
Can WhatsApp screenshots be used as evidence?
They can be used, but if their authenticity is disputed, it may be necessary to support them with other means: the original device, the full conversation, an exported chat, an expert report, a notarial record or other consistent evidence.
Can the employer send me a formal letter afterwards?
In disciplinary dismissal, Article 55.2 permits a new dismissal to correct certain formalities within the legal time limit. That new dismissal takes effect from its own date and does not retroactively make everything that happened before correct.
Is a dismissal by WhatsApp void if I am on sick leave?
Not automatically. Sick leave alone does not make the dismissal void. It is necessary to assess whether illness was the real reason for the decision or whether there is other evidence of discrimination or a breach of rights.
What must an employer do before a disciplinary dismissal in 2026?
In addition to meeting the formal requirements of the Statute, current Supreme Court case law requires the employer to give the worker the opportunity to respond to the allegations before disciplinary dismissal, unless this cannot reasonably be required of the employer.