Can WhatsApp Messages Be Used as Evidence in a Disciplinary Dismissal? Key Insights for HR

In many labor disputes, conversations held via WhatsApp end up in court. HR departments often ask whether these screenshots can actually serve as evidence in a dismissal case.

The short answer is yes, but with conditions. Courts accept this type of communication as evidence, provided its authenticity can be verified and it was obtained legally.

A recent ruling by the High Court of Justice of Catalonia precisely reminds us of the requirements that must be met for this type of evidence to have value in labor proceedings.

The Case: Dismissal Due to Loss of Trust

The analyzed case involves a worker employed as a sales assistant in a retail store. The company decided to terminate her contract through a disciplinary dismissal after detecting irregularities in cash register records: certain cash sales were not recorded and the corresponding receipts had not been issued.

During the judicial challenge of the dismissal, the employee submitted WhatsApp conversations to support her version of events. However, the court did not grant them evidentiary value.

Subsequently, the regional court confirmed this decision: since the authenticity of the messages was challenged and no expert report was provided to verify their truthfulness, these conversations could not be considered valid evidence.

The final outcome was the confirmation of the disciplinary dismissal for breach of contractual good faith and loss of trust.

 

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Is WhatsApp Valid Evidence in Labor Cases?

Spanish courts have repeatedly stated that instant messaging conversations can be used as evidence in labor proceedings. However, since it involves digital information, its evaluation requires checking several essential aspects:

• The authenticity of the message.
• The identity of the people involved in the conversation.
• The integrity of the content (i.e., that it has not been altered).

If any of these elements raise doubts, the court may decide not to grant evidentiary value to the messages.

This happens fairly often, because electronic information is volatile and easily manipulated, which requires extra safeguards when trying to use it in court.

How Messages Can Be Submitted in Judicial Proceedings

There are different ways to submit WhatsApp conversations as evidence. Some are more secure than others from a procedural perspective.

1. Screenshots or Paper Printouts

This is the most common option in practice: screenshots or printed transcripts of the conversation are submitted.

The problem is that this method is only effective if the other party does not question the authenticity of the content. If the conversation is challenged, these printouts alone are usually insufficient.

2. Notarial Certificate

Another option is to go to a notary to certify the content of the conversation, verifying the device from which it is accessed and the content displayed on screen.

This option offers greater evidentiary guarantees, especially when the conversation could be decisive in the proceedings.

3. Direct Examination of the Device

It is also possible to request that the court examine the mobile phone or other device directly where the messages are stored.

Although this is a solid option from an evidentiary point of view, it is not the most common in judicial practice.

4. Forensic IT Evidence

When the authenticity of the messages is disputed, it is common to use a forensic IT expert to analyze the device and verify:

• the origin of the conversation,
• the identity of the participants,
• the integrity of the messages.

Without this expert report, it is very difficult for the messages to have evidentiary value if the other party disputes them.

What Happens if the Other Party Challenges the Messages

From a procedural standpoint, two scenarios may arise:

If the messages are not challenged

When the other party does not question the authenticity of the screenshots, the judge can consider them like any other documentary evidence.

If they are challenged

On the other hand, if the other party denies the authenticity of the conversation or claims not to recognize it, it will be necessary to provide technical evidence verifying its origin and content. In this case, the expert report is usually essential.

Common Mistakes Made by Companies

In practice, many labor proceedings show recurring errors when submitting this type of evidence:

1. Assuming the conversation is enough on its own

The mere existence of a conversation does not automatically mean it has evidentiary value. If its authenticity is questioned, it must be technically verified.

2. Preparing evidence too late

In some cases, a forensic report is attempted to be submitted only after the other party has challenged the messages in court, which can be procedurally too late.

3. Relying solely on screenshots

Screenshots can serve as an indication, but are not always sufficient when the content is relevant to the litigation.

What HR Managers Should Keep in Mind

For HR managers, this issue is especially relevant in proceedings related to:

• disciplinary dismissals,
• contract breaches,
• internal employee conflicts,
• or verification of work instructions.

If a digital conversation could be crucial in a judicial proceeding, it is recommended to prepare the evidence from the start, ensuring its proper preservation and verification.

Otherwise, an element that could be decisive in the litigation may end up being dismissed by the court.

How We Can Help You at Adlanter

In labor disputes, the way evidence is prepared and submitted can be decisive for the outcome of the proceedings.

At Adlanter, we advise companies and HR departments on:

• Legal management of dismissals and disciplinary sanctions,
• Preparation of evidentiary strategies in labor proceedings,
• Prevention of legal risks in people management.

If your company needs support to manage a labor dispute, our team can help analyze the case and define the best strategy.