The fiction of disciplinary measures: why dismissal is often the simpler path

Employers are increasingly reluctant to use formal disciplinary measures, as the process often involves excessive formalities and the threat of lengthy litigation. Consequently, we frequently advise clients to adopt less formalised solutions instead. One common strategy involves systematically documenting incidents using file notes, written up as soon as possible after a breach. Furthermore, employers often resort to disciplinary letters and fact-finding interviews, which highlight misconduct and clarify expectations without triggering formal procedures. This approach allows employers to effectively manage staff conduct and build a documented record of breaches to support future personnel decisions. Robert Stępień and Michał Bodziony, lawyers, comment to Dziennik Gazeta Prawna.

Full article in Polish available: here.