A Guide to Posting Polish Workers to the UK

Since the UK’s departure from the European Union, businesses operating across borders must navigate a significantly changed legal landscape.

Employment law in the United Kingdom differs in several important respects from the Polish system. Rules governing pay, working time, annual leave, and dismissal protections operate under a distinct legal framework.

For employers posting workers to the UK, misunderstanding these differences can lead to serious consequences, including substantial financial penalties.

Operating Across Two Legal Systems

The end of EU freedom of movement has fundamentally changed the rules around cross-border employment.

Posting employees to the UK now requires businesses to operate confidently across two separate legal systems, each with its own regulatory approach and practical expectations.

Importantly, the EU Posted Workers Directive (96/71/EC) no longer applies in the UK. As a result, employers must comply directly with UK domestic employment law.

For many organisations, the UK framework can appear unfamiliar in both structure and application. Certain requirements may also introduce additional operational costs.

For this reason, Polish employers considering posting workers to the UK should seek local legal advice at an early stage to ensure that employment arrangements are compliant from the outset.

Pay and Minimum Wage

Minimum wage rules illustrate one of the key structural differences between the two systems.

In Poland, the position is relatively straightforward. There is a national monthly minimum salary alongside a statutory minimum hourly rate.

In the UK, the system is based on the National Minimum Wage (NMW), which is calculated exclusively on an hourly basis.

From 1 April 2025, the minimum wage for workers aged 21 and over is £12.21 per hour, with further increases anticipated in 2026.

However, compliance is not simply a matter of ensuring the headline hourly rate is met. UK regulations contain detailed rules about what counts as “pay” for minimum wage purposes, meaning employers must carefully structure remuneration packages to avoid inadvertent breaches.

Working Time and Rest Periods

Working time regulation also reflects different legislative priorities.

In Poland, the standard working week is 40 hours, typically across a five-day working pattern.

In the UK, the statutory maximum working week is 48 hours, although employees may voluntarily opt out of this limit. Unlike in Poland, there is no statutory minimum number of weekly hours.

UK law also permits employment arrangements such as zero-hours contracts, where workers are not guaranteed a fixed number of working hours.

Additionally, the 48-hour limit does not apply to senior managerial employees who exercise genuine autonomy over their working time and whose hours are not monitored by the employer.

There is also no statutory daily working time limit in UK law. Instead, the legislation guarantees employees 11 consecutive hours of daily rest, which in practice limits the working day to around 13 hours.

Weekly rest provisions also differ:

• In Poland, employees are entitled to 35 hours of uninterrupted weekly rest (with limited exceptions).
• In the UK, employees are entitled to 24 hours of uninterrupted weekly rest.

Break entitlements during the working day also vary considerably.

UK legislation requires employers to provide one 20-minute rest break where the working day exceeds six hours.

In Poland, employees are entitled to a 15-minute paid break, with additional breaks available where shifts exceed nine or sixteen hours.

Annual Leave Entitlements

In the UK employees are entitled to a minimum of 28 days’ paid annual leave per year, equivalent to 5.6 weeks.

For part-time workers, leave is calculated on a pro-rata basis. For example, an employee working three days per week would be entitled to 16.8 days of leave annually.

In Poland, holiday entitlement depends on length of service and is typically 20 or 26 days per year.

Dismissal and Employment Protection

Termination of employment represents one of the most significant differences between the two legal frameworks.

In Poland, employees benefit from protection against unjustified dismissal from the outset of employment. Notice periods are determined by length of service and range from two weeks to three months.

Employers must also provide a clear and specific reason for dismissal, which may be examined closely by the courts.

In the UK, employees generally acquire protection against unfair dismissal only after two years of continuous service. (Proposals have been announced to reduce this period to six months from 2027.)

In practical terms, this means that employees posted to the UK for less than two years may be dismissed more easily, often without the employer needing to provide a detailed justification. However, employers should still exercise caution when managing terminations.

Once an employee reaches two years’ service, they gain the right to bring claims for unfair dismissal, which may result in compensation, reinstatement, or re-engagement.

It is also important to remember that discrimination protections apply from the first day of employment.

Employees are protected against discrimination on grounds such as race, age, gender, or religion, and compensation in such cases is not subject to statutory caps.

Tribunals may also award damages for injury to feelings, which typically range from £1,200 to £12,100 for less serious cases and £36,400 to £60,700 for the most serious.

Notice Periods

Statutory notice periods in the UK are calculated differently from those in Poland.

The minimum notice period is:

• one week after one month of employment, and
• one additional week for each full year of service, up to a maximum of 12 weeks.

However, it is common practice for employment contracts, particularly at senior levels, to extend notice periods to three or even six months.

In Poland, notice periods also depend on length of service and range from two weeks to three months, although contractual extensions may be agreed.

Uk and Polish employment law also operates under the principle of employee protection, meaning contractual provisions cannot place the employee in a worse position than statutory law.

Written Employment Terms

Under UK law, employees must receive a written statement of employment particulars setting out key terms such as job title, pay, and working hours no later than their first day of work.

If this obligation is not met, an employment tribunal may award compensation of up to four weeks’ pay, although such claims must be linked to another employment dispute.

In Poland, if an employment contract has not been concluded in writing before the employee starts work, the employer must confirm the agreed terms in writing before employment begins, with additional information provided within seven days.

Failure to comply can expose employers to fines ranging from PLN 1,000 to PLN 30,000.

Immigration and Work Authorisation

Brexit has also fundamentally reshaped the immigration rules governing employment in the United Kingdom.

Polish employers must now navigate the UK visa system to ensure that employees have the legal right to live and work in the country.

Common visa routes include:

• the Skilled Worker visa,
• visas under the Global Business Mobility route for senior managers and specialists, and
• visas for individuals with high potential.

Each route has its own eligibility criteria, including minimum salary thresholds, English language requirements, and sponsorship by a licensed UK employer.

For short visits of less than six months, employees may undertake limited business activities under the visitor rules, such as attending meetings, negotiating contracts, or conducting site visits.

These permissions are narrow and do not allow employees to undertake general employment in the UK.

Employers must also carry out right-to-work checks before employment begins. This process increasingly involves digital verification systems linked to the Electronic Travel Authorisation (ETA) regime.

The penalties for non-compliance are severe:

• up to £45,000 per illegal worker for a first breach,
• up to £60,000 for repeat breaches.

Knowingly employing someone without the right to work may also lead to criminal prosecution and imprisonment of up to five years.

UK Nationals Working in Poland

Following Brexit, UK nationals working in Poland are treated as third-country nationals.

To work legally, they must hold the appropriate residence permit or work authorisation, unless a statutory exemption applies.

Employers must verify these permissions before employment begins. Failure to do so can result in fines ranging from PLN 3,000 to PLN 50,000 and may also require the employer to cover the costs associated with deportation.

Social Security Contributions

Social security coordination between the UK and the EU remains relatively stable.

Under the EU-UK Trade and Cooperation Agreement, employees posted from Poland to the UK for up to 24 months may remain within the Polish social security system.

To rely on this arrangement, employers must obtain an A1 certificate, confirming that contributions will continue to be paid in Poland.

If the posting exceeds 24 months, the employee will generally need to be registered within the UK social security system.

Seek expert advice

Operating across UK and Polish legal frameworks demands more than a surface-level understanding of employment law. Even seemingly familiar areas, such as pay, working time, and dismissal, carry nuanced differences that can expose businesses to significant financial and legal risk if mismanaged.

When immigration requirements are layered on top, the complexity increases further. Sponsorship obligations, right-to-work checks, and visa compliance are not simply administrative tasks, they are critical legal responsibilities with serious consequences for getting them wrong.

For Polish businesses posting workers to the UK, early, specialist advice is not just prudent, it is commercially integral.

Our solicitors combine technical legal expertise with a clear understanding of how international businesses operate in practice. Our immigration and employment specialists work closely with employers to ensure that cross-border workforce arrangements are compliant, efficient, and aligned with wider business objectives.

Speak to our Business Immigration Solicitors

If your organisation is planning to post workers to the UK, or is already doing so, our team can provide tailored, practical guidance at every stage.

From selecting the appropriate visa route to ensuring full compliance with UK employment law, we deliver the clarity and confidence you need to operate across borders successfully.

Contact our Business Immigration team today to discuss your requirements and ensure your workforce strategy is built on a secure legal foundation.

This article was written by Business Immigration Partner Adam Haines in collaboration with Katarzyna Gospodarowicz, Legal Adviser at SDZ Legal Schindhelm.