Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution. While both countries have similar basic principles, there are key differences in how these rules are applied. This article explores the complex landscape of employment terminations, focusing on the contrasting approaches in the UK and Poland. The discussion provides valuable insights for businesses operating in both jurisdictions, emphasizing the importance of understanding local laws and procedures when it comes to terminating employment.

Key Differences in Employment Terminations

There is a significant difference in employment termination laws depending on the length of an employee's service in the UK. In the UK, employees with less than two years of service can be terminated relatively easily. Employers have the flexibility to dismiss such employees without providing a specific reason, as long as the termination is not discriminatory or based on whistleblowing. However, this approach changes once an employee has more than two years of service. In these cases, the employer is required to provide a valid reason for the termination, and the process becomes more formal and subject to stricter regulations.

In contrast, Poland has a more structured and formalized approach to employment terminations. Terminations in Poland require clear justifications, especially when initiated by the employer, such as layoffs or dismissals for poor performance. Polish labor law offers significant protection to employees, and any termination that does not follow the proper legal procedure can result in legal recourse for the employee. This high level of protection emphasizes the importance of employers in Poland adhering to strict procedures when terminating employees, regardless of their tenure.

The Role of Written Justifications

A common question is whether termination letters need to be lengthy. In both the UK and Poland, it's crucial to specify the reason for termination, whether due to performance issues or redundancy. Although brevity is acceptable, the reason for dismissal must be clear and detailed. In Poland, for example, the reason must meet three essential criteria: it must be specific, true, and justified to be considered fair. In the UK, the termination letter does not need to be overly long, but it must set out the termination date and once the employee has at least two years’ service it should inform the employee of their right to internally appeal the decision.

The Court Process: Poland vs. the UK

There is a difference between Poland and the UK in terms of court process following termination. In Poland, employees must file a claim within 21 days, while in the UK, employees have a longer window of up to three months to take steps to start a claim. Having a longer period to appeal, like in the UK, may provide employees more time to reflect on their situation, potentially leading to more considered decisions. In contrast, the shorter 21-day period in Poland might prompt quicker reactions from disgruntled employees.

In both countries, however, the cost of pursuing a claim can influence the number of cases taken to court. In Poland, a shift in regulations removed court fees for employees, allowing more individuals to challenge termination decisions without financial barriers. Similarly, in the UK, while tribunal fees were introduced for a period, they have since been abolished, making it easier for employees to represent themselves.

Litigation and Legal Timelines: A Comparative Analysis

One of the most striking differences between the two countries is the length of time it takes to resolve employment disputes in court. In the UK, a relatively straightforward case might take six months to resolve, while more complex tribunal cases could extend to 18 months. In contrast, Polish courts take significantly longer, with some cases dragging on for three to four years before a final decision is reached.

This prolonged timeline in Poland creates challenges for both employers and employees, as it adds uncertainty and stress to an already difficult situation. The ability to pursue a claim without financial strain has led to a high volume of cases, which further contributes to the lengthy waiting periods.

Conclusion: Cross-Border Insights into Employment Termination

As both the UK and Poland continue to evolve their employment laws, it is essential for companies to understand the nuances of each jurisdiction to manage cross-border employment risks effectively. By ensuring compliance with local regulations, businesses can navigate the complexities of employment terminations, protect employee rights, and minimize potential legal challenges.