OD FLASH | Failure to date the facts in the dismissal letter does not constitute a failure to state reasons

French Supreme Court, Social Division, May 6, 2025, No. 23-19.214
As a reminder, Article L.1232-6 of the Labor Code provides that an employer who decides to dismiss an employee must notify them of their decision by registered letter with acknowledgment of receipt and must include in this letter the reasons given.

In this case, an employee was dismissed for serious misconduct. She brought a claim before the labor court challenging the termination of her employment contract.

On appeal, her dismissal was found to be without real and serious cause on the grounds that the facts were not dated in the dismissal letter and that the employee had merely exercised her freedom of expression without committing any abuse that could justify the dismissal.

The company appealed to the French Supreme Court. It argued that, while the dismissal letter must set out the reasons given by the employer in support of the dismissal, it is not necessary to include the date of the facts in order for it to meet this legal requirement to state reasons.

The appeal also argues that the dismissal letter is valid if it contains clear, precise, and verifiable reasons that can be discussed before a judge. In this case, the letter accused the employee of specific acts: disparagement, asking a colleague to lie, aggressive confrontation, refusal to undergo training, and violent behavior. These elements are sufficiently precise to meet the legal requirements. The employer adds that in such circumstances, it is entitled, in the event of a dispute, to invoke all the factual circumstances justifying the reasons given in the dismissal letter. It is then for the court to examine these elements and rule accordingly.

Thus, according to the arguments put forward by the employer, by ruling that the dismissal was without real cause, the Court of Appeal violated Article L. 1232-6 of the Labor Code.

The French Supreme Court overturned and quashed the appeal judgment, citing the aforementioned article. It ruled, pursuant to this article, that while the dismissal letter must set out specific and materially verifiable reasons, the date of the facts invoked is not necessary for it to be considered sufficiently reasoned. Therefore, in the event of a dispute, the employer is entitled to invoke all the factual circumstances justifying these reasons. The High Court criticized the Court of Appeal for finding that the dismissal letter referred to complaints about the employee’s disparagement of the company and its manager, as well as other casual behavior on her part, without drawing any conclusions. The French Supreme Court also noted that the Court of Appeal had found that the facts were not sufficiently detailed because they were not dated and were too vague. However, the Social Division ruled that it was clear from its findings that the dismissal letter set out specific and materially verifiable grievances that could be discussed before the trial judges. Thus, the absence of dates in the dismissal letter does not constitute a lack of grounds.

The French Supreme Court had already ruled in this sense in a decision of September 11, 2024 (No. 22-24.514). Similarly, if the employer mentions the date on which the facts occurred in the dismissal letter, an error in the date constitutes a simple material error that does not affect the genuine and serious nature of the dismissal (Cass. soc. 17-9-2014 no. 13-24.874 F-D).