Changes in the service of notices of termination

Terminating employment in a legally compliant manner: The Hamburg Regional Labour Court sets new standards for service of documents

The ruling

The Hamburg Regional Labour Court (judgment of 14 July 2025, ref. 4 SLa 26/24) ruled that the dismissal of an employee due to frequent short-term illnesses was invalid because the employer was unable to provide reliable proof of delivery of an invitation to participate in the company's integration management programme (bEM) by registered mail. The court clarified that registered mail does not constitute prima facie evidence of actual receipt by the recipient.

Impact on the delivery of dismissals

Registered mail is no longer sufficient.

The ruling represents a paradigm shift: The previously widespread practice of sending dismissals and other important documents by registered mail no longer provides reliable proof of receipt. In the event of a dispute, the recipient can dispute receipt - and the employer remains responsible for providing proof.

What does this mean for employers?

• Risk of invalidity: If receipt of the termination cannot be proven beyond doubt, the termination may be invalid.

• No reversal of the burden of proof: The mere proof of delivery from the German postal service is not sufficient.

• Recommendation for practice: Employers should rely on more secure methods of delivery:

  • Registered letter with delivery confirmation (with recipient's signature)
  • Personal delivery with confirmation of receipt
  • Delivery by courier with written documentation

Conclusion:

The ruling by the Hamburg Regional Labour Court is forcing employers to rethink their approach: if you want to be on the safe side, you must document the receipt of important documents in a complete and legally watertight manner. Registered mail is no longer suitable for this purpose. Choosing the right form of delivery is becoming a decisive factor in the effectiveness of dismissals and other measures under labour law.