Fired by WhatsApp, SMS, Messenger, internal messaging, email or via Teams or Zoom videoconferencing... is this legal?

In 2019, in Italy, 52 workers at a Carrefour store were dismissed via WhatsApp messages.

This naturally raises the question of the legality of such a procedure in Belgium.

To understand this, it is important to distinguish between dismissal with notice and dismissal with immediate effect.

In the case of dismissal with notice given by the employer, the law indeed requires that the notification of dismissal be sent by registered letter, which takes effect three days after being sent, or through a bailiff's writ. It is therefore not possible to rely on a simple SMS, WhatsApp, email, or video conference via Teams or Zoom. Without a registered letter or bailiff’s writ, the notice period is void. However, in this case, the termination of the employment contract remains valid, and consequently, the contract is immediately terminated, obliging the employer to pay the compensatory indemnity for the notice period.

On the other hand, in the case of dismissal with immediate effect (without notice to be served), the law on employment contracts does not impose any formal requirements. The employer’s decision to terminate the contract simply needs to be communicated to the employee by a person authorized to act on behalf of the employer. This decision may be expressed orally, in writing, or even, according to some, by handing over the C4 document. A message via SMS, WhatsApp, Messenger, email, or even a video conference on Teams or Zoom would therefore be perfectly valid.

However, this approach is not without risks.

First, messages sent via SMS, WhatsApp, Messenger, or other platforms do not provide certainty regarding the identity of the person dismissing the employee (except for an email with an electronic signature). Was the message genuinely sent by the employer? If not, the dismissal is void.

Second, a video conference may not provide evidence of the dismissal unless it is recorded, which could raise potential privacy concerns.

Furthermore, especially in cases of dismissal via messaging, if the chosen communication method makes the dismissal widely public to third parties (such as a dismissal broadcast on television or shared in a WhatsApp group), it could constitute an abuse of rights, justifying compensation for damages. If the employer immediately informs everyone of the dismissal, it could unnecessarily harm the employee's reputation. In the case of a collective message, the employer cannot, in any case, cite specific reasons such as poor performance, as recently confirmed by the Data Protection Authority.

Lastly, from an HR perspective, using a simple WhatsApp message, SMS, or similar means seems unnecessarily harsh. It is preferable to inform the employee face-to-face, via a phone call, or during a video conference. However, this should be considered in light of the circumstances. For example, in the case of a company filing for bankruptcy, the desire to inform employees about the bankruptcy filing quickly—before they hear it elsewhere—is understandable. In such cases, a message can be a fast and cost-effective tool.

Finally, attention should be given to the issue of dismissal for gross misconduct. While the decision to dismiss in such cases is not subject to formal requirements, it must occur within three days of becoming aware of the event justifying the gross misconduct. The serious reason must be notified via registered letter or bailiff’s writ within three (working) days following the date of dismissal.

In any case, it is strongly advised, in cases of immediate dismissal, to always secure evidence of the dismissal expressed orally or through an "exotic" means by sending a registered letter on the same day or using any other legal method (witnesses, etc.).