Clear answers to common questions about workplace mediation, investigations, performance management, defending claims, redundancy, dismissal and workplace training.
Clear Answers
These FAQs are designed to give employers, employees, HR professionals and workplace teams a clearer understanding of the services Employment Matters provides. Every situation is different, so these answers are general guidance rather than a substitute for tailored advice.
Workplace mediation is a confidential and structured process where an independent mediator helps people in a workplace dispute talk through the issues and explore a practical resolution.
It is not about deciding who is right or wrong. The aim is to create a safe space for discussion and help both sides find a way forward where possible.
Yes. Mediation is confidential. It allows both sides to speak openly without the pressure of a formal hearing or public dispute.
This confidentiality is one of the main reasons mediation can be so effective in sensitive workplace situations.
Yes. Mediation is voluntary, so both parties must be willing to take part. It works best when everyone enters the process with a genuine willingness to listen, discuss the issues and explore a practical way forward.
Yes. Early mediation can be one of the most effective ways to prevent a workplace issue from escalating into a grievance, disciplinary process, WRC claim or wider breakdown in working relationships.
No. Mediation can support employers, employees, HR professionals and teams. The goal is not to take sides, but to create a fair and structured process where the issue can be discussed properly.
An independent investigator may be appropriate where the complaint is sensitive, complex, involves senior staff, or where the employer wants to ensure the process is seen as fair and objective.
This can include grievances, dignity at work complaints, bullying and harassment allegations, sexual harassment complaints and other workplace concerns.
Workplace investigations can cover grievances, dignity at work complaints, bullying, harassment, sexual harassment, disciplinary-related complaints and other workplace issues requiring a fair fact-finding process.
Yes. Once the relevant background information and contact details are provided, we can manage the investigation process from start to finish, including engaging with the relevant parties, gathering information, preparing the report and issuing the relevant documentation.
The employer will usually receive a comprehensive fact-finding report together with supporting documentation or appendices, depending on the nature of the investigation.
Where relevant, details of an independent appeal process can also be provided.
An employer should seek guidance when performance concerns are becoming repeated, difficult conversations are being avoided, probation is not going smoothly, or the business is considering formal action.
Getting advice early can help ensure the issue is handled fairly and properly documented.
Yes. We can support employers with probation reviews, extensions, suitability concerns, documentation and decisions where an employee may not be meeting the required standard during early employment.
Good documentation helps show that expectations were clear, concerns were raised properly, the employee was given an opportunity to improve, and the employer acted fairly.
Weak records can make it much harder to defend a decision if the matter later becomes a claim.
It can reduce the risk. A fair and properly documented performance process can often resolve issues earlier and place the employer in a stronger position if formal action becomes necessary.
The employer should avoid rushing into a response without first reviewing the complaint, key dates, relevant documents, procedures followed and potential legal exposure.
Early advice can help the employer understand whether to defend, negotiate, settle or prepare for hearing.
Yes. We can help review the claim, assess the facts, identify risks, prepare submissions, gather evidence, support witness preparation and advise on settlement strategy where appropriate.
No. Some claims should be defended robustly, while others may be better resolved early for commercial or practical reasons.
The right approach depends on the facts, evidence, legal risk, cost, time and the employer’s wider objectives.
Yes. We can support employers with Labour Court appeals, including reviewing the case history, preparing documentation, advising on strategy and helping the employer understand the next steps.
Yes. Even where there is a genuine redundancy situation, the employer still needs to follow a fair process. This may include consultation, considering alternatives, applying fair selection criteria and documenting the decision properly.
Yes. It is often best to seek advice before a final decision is made. We can help assess the risk, plan the process, prepare documentation and ensure the employer understands the safest next step.
Yes. Probation decisions can still create risk if handled poorly, particularly where there are issues around fair process, protected leave, discrimination, whistleblowing, or unclear documentation.
A safer process usually involves a clear reason, fair procedure, proper records, a chance for the employee to respond, consistent decision-making and careful communication.
Our workshops are designed for employers, managers, HR teams and organisations that want to improve how they manage workplace conflict, investigations, performance issues, fair procedures and difficult conversations.
Yes. Training can be tailored around the organisation’s needs, workplace challenges, team structure and the issues managers or HR staff are most likely to face.
Topics can include mediation awareness, workplace conflict, fair procedures, grievance and disciplinary processes, workplace investigations, difficult conversations, performance management and documentation.
No. The training is legally informed but designed to be practical, clear and accessible. The goal is to help managers and HR teams apply good process in real workplace situations.
We will start with a confidential conversation to understand the situation. From there, we can explain whether mediation, investigation support, employer advice, training or another service may be suitable.
No. Many people contact us because they are unsure what the right next step is. We can help you understand the situation and point you toward the most appropriate option.
Yes. Employment Matters can support employers, employees, HR professionals and workplace teams depending on the issue and the service required.
Yes. Every enquiry is treated in confidence. We understand that workplace issues are sensitive and often stressful, so the first step is handled calmly and discreetly.
Still Have Questions?
Whether you are dealing with a workplace dispute, considering mediation, managing a complaint, responding to a claim or simply unsure what your next step should be, we can help you understand your options clearly.
