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However, what if it was you who had carried out disciplinary in first place - and, let's face it, in a small company this is quite likely to be case. Would an employment tribunal consider this to be fair?
Possibly not. But all that law actually says is that dispute resolution procedure should be "as fair as possible".
So, as an employer, can you make better use of employment legislation than this? Is there an easy way to ensure that you have a dispute resolution procedure and that it will be considered fair by an employment tribunal?
The answer, fortunately, is yes. All you need to do is to arrange for an outside person or organisation to be point of contact to whom grievances can be directed. Then just state this in your dispute resolution procedure.
Once you have done that, you are almost there. All that remains is to make sure you use all right bits of paperwork that are required by new employment legislation whenever you are dealing with a disciplinary matter.
This includes ensuring that any disciplinary meetings are notified to your employees in writing and that you give them at least 48 hours notice of meeting. You also have to make sure you explain reason for calling disciplinary meeting and give employee copies of any documentation that will be discussed during meeting.
One of easiest ways to achieve all this is to use a good quality online personnel system. Such a system will allow you to generate employment contracts for your staff online. It will include in these contracts all details of your disciplinary procedure, along with details of a third party organisation to whom employees should address any grievances.
In event that you need to discipline an employee, a fully-featured online personnel system will allow you to generate all necessary letters and documents automatically, thus ensuring your business complies with new employment legislation.
The costs of such a system are surprisingly low, especially when you compare them against costs of having a full-time personnel department within your own organisation - something which is usually prohibitively expensive for most small businesses.
The Employee Contracts website at www.employee-contracts.co.uk gives more information on how online personnel systems work and can help you find a professional employment law consultant to offer advice on protecting your business with one of these systems.
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Copyright 2005 David Miles. You are welcome to reproduce this article on your website, so long as it is published "as is" (unedited) and with author's bio paragraph (resource box) and copyright information included. In addition, all links to external websites must be left in place.
David Miles is the editor of the Employee Contracts website which provides information on HR and personnel issues such as: contracts of employment, disciplinary procedures, and staff dispute resolution.