On this page6 sections
The short answer
Yes. In the UK an electronic signature can be used to sign most documents, including employment contracts and changes to them. The Electronic Communications Act 2000 lets an electronic signature be used as evidence of who signed and that the document hasn't changed, and UK eIDAS says a signature can't be refused as evidence just because it is electronic.
The Law Commission's 2019 report on the electronic execution of documents, accepted by the Government, confirmed that an electronic signature can execute a document when the person signing means to authenticate it and any formalities for that type of document are met.
Simple, advanced and qualified signatures
UK eIDAS describes three levels. A simple electronic signature is any electronic form of signing, such as a typed or drawn signature through a secure link. An advanced signature is uniquely linked to the signer and able to identify them. A qualified signature is an advanced signature created with a qualified device and certificate.
Most employment and business documents only need a simple electronic signature. The stronger levels are used where a law or a counterparty asks for them.
- Simple: typed or drawn signature, usually with an email link and an audit trail
- Advanced: uniquely linked to the signer and capable of identifying them
- Qualified: advanced, created with a qualified device and certificate
Documents that usually suit e-signing
Everyday staff and business documents are usually suitable for a simple electronic signature. Keep a record of who signed, when and how, and keep the signed copy with the rest of the record.
- Employment contracts and changes to terms
- Staff handbook and policy sign-offs
- Training agreements and funding agreements
- Supplier and service agreements
- Consent forms and internal approvals
Documents that need another method
Some documents have formalities that a simple electronic signature through a link does not meet. Use the method the law or the receiving body requires.
In Scotland, documents that the Requirements of Writing (Scotland) Act 1995 says must be in writing, such as certain contracts about land, need at least an advanced electronic signature. Everyday employment and policy documents usually fall outside that Act.
- Deeds that must be signed in front of a witness
- Wills
- Lasting powers of attorney
- Documents for HM Land Registry
- Documents a court or registry needs in a set form
What good signing evidence looks like
If a signature is ever questioned, the evidence matters more than the look of the signature. Keep a record that shows who was sent the document, how they confirmed who they were, that they agreed to sign electronically, when they signed and that the file hasn't changed since.
Offer another way to sign to anyone who can't or would rather not sign electronically, such as signing a printed copy. Employers must make reasonable adjustments under the Equality Act 2010.
- The signer's name and email and how they were checked
- Their agreement to sign electronically, in the words they saw
- The time of each step, in a record that can't be edited
- A fingerprint of the final file, so changes can be detected
- The signed copy kept for as long as the document is kept
How SkillProof handles document signing
SkillProof Document Management can send a PDF for simple electronic signature by one or more people. Signers confirm a one-time email code, agree to sign electronically and type or draw their signature, or decline with a reason. The sealed PDF gets a completion certificate and a tamper-evident audit trail, and a verification page checks any copy against its reference.
SkillProof doesn't give legal advice. If you're not sure whether a document can be signed electronically, check with your legal adviser.
Official guidance used for this guide
Checked
Official sources checked for this guide. They explain the law; they are not advice on a particular document.
Questions this guide answers
Are electronic signatures legally binding in the UK?
An electronic signature can be used to sign most documents in the UK, and it can't be refused as evidence just because it is electronic. Whether a particular document is validly signed also depends on the document's formalities. SkillProof doesn't give legal advice. If you're not sure whether a document can be signed electronically, check with your legal adviser.
Can an employment contract be signed electronically?
Usually, yes. Employment contracts and changes to terms are commonly signed with a simple electronic signature. Keep a record of how the employee signed and give them a copy.
What is the difference between an electronic signature and a digital signature?
Electronic signature is the broad term for signing electronically. Digital signature usually means a signature created with a certificate and cryptographic keys, which is how advanced and qualified signatures are often made.
Does a typed name count as an electronic signature?
It can. A typed name, a drawn signature or a click to sign can all be simple electronic signatures when the person means to sign. Good evidence of who signed and when is what makes it dependable.