The end of delivery by registered mail?
Hamburg Regional Labour Court (LAG) ruling of 14 July 2025, 4 SLa 26/24
November 07, 2025
The end of delivery by registered mail?Hamburg Regional Labour Court (LAG) ruling of 14 July 2025, 4 SLa 26/24November 07, 2025 The presentation of the proof of posting for a registered letter and the description of the delivery process are not sufficient to prove that the letter was received. Facts of the caseA long-term waste disposal employee had repeatedly taken extensive sick leave over the past three years. The employer terminated his employment with notice due to frequent short-term illnesses. This was preceded by a company integration management (BEM) process, which is said to have been offered again by registered mail before the termination was announced; the employee did not respond to the invitation. In the unfair dismissal proceedings, he denied receiving this invitation. DecisionThe Hamburg Regional Labour Court considers the dismissal to be socially unjustified. Although the documented absences in the reference period of three years indicated a negative health prognosis, and the predicted absences caused considerable operational disruption, in particular due to continued payment of remuneration costs above the six-week limit per year. However, the dismissal failed on the grounds of proportionality. The company was unable to prove that it had properly offered a new BEM before giving notice of dismissal. The focus is on the delivery problem: in the court's opinion, the submission of the proof of posting and the reproduction of the proof of delivery for registered mail does not constitute "prima facie evidence" of receipt. Unlike the previous "peel-off" procedure (in which the post office removed a label and signed it), the current scanning procedure does not document the specific recipient address or the exact time of posting; in addition, the confirmation of receipt remains ambiguous (delivery to authorised recipient or posting in the letterbox) without any option being ticked. The typicality of an error-free process is therefore not guaranteed; individual delivery risks rule out prima facie evidence. The examination of the delivery person as a witness also did not reveal any sufficiently reliable memory or standardised description of the procedure that would support actual delivery in the specific case. Consequences for practiceWith regard to the requirements for dismissal due to illness, the LAG follows previous case law. However, the question of proof of receipt is particularly relevant in practice: in the opinion of the LAG, registered letters delivered by post do not provide prima facie evidence of receipt if only the proof of posting and a reproduction of the delivery receipt are available. The current scanning procedure does not show the recipient's address or the time of delivery and leaves the delivery options open; thus, it lacks the typical characteristics of an error-free process. Without reliable witness statements or supplementary documentation, the risk of delivery remains with the sender. Practical tipThe decision clearly shows the risks involved in delivery, not only in the delivery of the notice of termination, but also in the delivery of a BEM invitation letter. In practice, personal delivery and delivery by a courier – who may be personally known – remain the only secure ways to deliver important letters such as an invitation to a BEM or a notice of termination. The courier can then be heard as a witness in dismissal protection proceedings if necessary. Delivery by registered mail or return receipt cannot be recommended, as the notice of termination will only be received if employees actually pick up the letter if it cannot be handed over; employees therefore have the power to prevent delivery. Key contacts
Latest Insights
Latest News
Latest Events
legal updates September 16, 2026 Germany: No inflation adjustments during parental leave – Federal Labour Co... legal updates September 16, 2026 Commercially Connected shorts - 16 September 2026 legal updates September 15, 2026 CMA places public procurement at the centre of its growth agenda legal updates September 14, 2026 Global Sustainability & ESG Insights - August 2026 deal alerts September 07, 2026 Eversheds Sutherland advises Finkemeier Holding on capital increase in egge... firm news August 26, 2026 Eversheds Sutherland strengthens top-ranked pensions practice with appointm... client news August 13, 2026 Eversheds Sutherland advises H.I.G. Capital on investment in Phoenix ME client news August 13, 2026 Eversheds Sutherland reappointed to the UK's Government Commercial Agency l... in-person Basic foundations of US employment law September 17, 2026 9.30am - 4.30pm (GMT) London, United Kingdom in-person 2026 BDC Roundtable September 23, 2026 Washington DC, United States virtual Employment law in the Kingdom of Saudi Arabia September 29, 2026 9.30am - 12.30pm (BST) Virtual virtual Energy Transition Series: Energy Transition and Pricing Volatility October 08, 2026 10:00 ET | 15:00 BST | 16:00 CET |