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Are emails legally binding?

  • 06-07-2016 06:44PM
    #1
    FiveFingers
    Registered Users, Registered Users 2 Posts: 37 ✭


    If my employer agrees to something verbally and then confirms by email, is that email legally binding? Or do I need a signed letter?


Comments

  • #2
    Steve
    Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    I'm not a professional but I as far as I know an email is considered as good as a letter.

    I guess it depends what it is about. Maybe the work and jobs forum would be a better place to ask.


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    FiveFingers wrote: »
    If my employer agrees to something verbally and then confirms by email, is that email legally binding? Or do I need a signed letter?

    Verbal, email, telex, Morse code. All potentially legally binding as long as the content legally binding.

    To know if the content is legally binding you'd need a legal opinion. Contracts require offer, acceptance and consideration. A bare promise can be written in stone if one wishes, it doesn't make it legally binding.


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    As others have said there would have to be an offer, acceptance and consideration**.

    Also the person who made the offer would have to have the capacity to make whatever offer they made, in other words has the person who e-mailed you this confirmation of an agreement actually got the power to do so on behalf of your employer.

    **In some circumstances can't a contract be legally binding without consideration, known as the doctrine of promissory estoppel?


  • #5
    FiveFingers
    Registered Users, Registered Users 2 Posts: 37 ✭FiveFingers


    It's probably a moot point.

    I've made a complaint about my employer to the WRC. I've asked them that if I receive a favourable outcome from the WRC process, would they be willing to be bound by the findings of the WRC. The HR rep said they absolutely would.

    However, they're a foreign-owned company whose company registration status in Ireland has lapsed (no offices, just 3 remote employees). So, while they have no company status (confirmed by CRO), I have no way to enforce any findings from the WRC. I was hoping that they would voluntarily comply. They have verbally agreed to. I'd like it in writing. But as I said, because they're not a legal entity in Ireland, I can't pursue them. So, my question is probably irrelevant anyway. However, they might have to re-register as a company and maybe then I can pursue them.

    Ugh, such a mess. :(


  • #6
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,810 ✭✭✭✭Marcusm


    GM228 wrote: »
    As others have said there would have to be an offer, acceptance and consideration**.

    Also the person who made the offer would have to have the capacity to make whatever offer they made, in other words has the person who e-mailed you this confirmation of an agreement actually got the power to do so on behalf of your employer.

    **In some circumstances can't a contract be legally binding without consideration, known as the doctrine of promissory estoppel?

    I would imagine that we are dealing with a variation of the terms of an existing contract of employment rather a de novo contract.


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