In a decision dated 24 June 2026 (French Supreme Court, Labour Chamber, 24 June 2026, n°24-19.759), the French Supreme Court reaffirmed that merely informing an employee that their dismissal is being contemplated is not sufficient to constitute a verbal dismissal. A verbal dismissal requires the employer to have clearly expressed its intention to terminate the employment contract with immediate effect.
Background
An employee exchanged WhatsApp messages with her direct manager. During the conversation, the manager informed her that her dismissal was being considered, although the grounds had not yet been determined, other than that they would be personal in nature. Two months later, the employee was ultimately dismissed for economic reasons.
Considering that the WhatsApp exchange constituted a verbal dismissal, the employee claimed for damages for unfair dismissal.
The Court’s ruling
The French Supreme Court dismissed the appeal. It approved the Court of Appeal’s decision that the WhatsApp messages merely referred to a contemplated dismissal. The employment relationship continued normally until the economic dismissal procedure was implemented.
Accordingly, the Court held that merely informing an employee that their dismissal is being contemplated is not sufficient to establish the existence of a verbal dismissal.French Supreme Court (Labour Chamber), 24 June 2026, No. 24-19.759
