What is: Support Person

Allowing staff to be supported in challenging meetings

An employee may be requested to take part in a non-routine meeting or interview. These meetings may be to discuss their workplace conduct or performance or assist in a fact-finding process. An employee asked to take part in such a non-routine meeting is entitled to have a support person attend if they desire.

What is a support person?

A support person is someone that an employee can nominate to attend a meeting with them to provide emotional support and reassurance. A support person could be a work colleague, friend, family member, industrial representative, or lawyer. There are circumstances where it may not be appropriate for a particular person to take on this role.

The support person is not an advocate. There will be occasions that only the employee can give evidence about matters or incidents. In a non-routine meeting, it is not the role of a support person or industrial representative to provide direct evidence about matters or incidents or defend an employee in respect of an allegation relating to workplace performance or conduct.

At times, an employee may have trouble communicating their responses, and in such a situation a support person or an industrial representative may assist the employee to communicate a response.

When is it appropriate to have a support person present?

It is appropriate to offer an employee a support person in meetings that are non-routine which may be confronting, stressful or potentially upsetting. These may include meetings about:

poor performance and conduct in the workplace
investigations

When is it not appropriate to have a support person present?

There are times where it is not be necessary or appropriate, for an employee to have a support person present in a meeting with a supervisor. These include routine matters such as:

discussions about general workplace operational matters
general staff meetings and information sessions
meetings about routine changes to local workplace procedures or systems (e.g. allocating tasks).

If an employee insists on having a support person present during routine discussions (or in other circumstances that are inappropriate), line managers should contact their local Human Resource Business Partner for guidance.

How to offer a Support Person

Offering a support person isn’t difficult. Don’t make the process any more formal than necessary.

You must advise the employee the purpose of your intended meeting and tell the employee they can bring a support person if they wish. The purpose should provide enough information for the employee to decide if they desire a support person.

“I would like to meet with you to discuss XYZ. How about on ABC at FGH. If you want, you can bring a support person. Can you let know in advance if you want one, and who they are, so I can make arrangements.”

If the employee’s chosen support person is not available, you may need to reschedule. If the employee’s support person is not available within a reasonable time you may need to ask them to reconsider. If the employee refuses and the timeframe is unacceptable you should contact your local Human Resource Business Partner for guidance.

Types of Support Person

It is important that participants in a meeting understand their role prior to the start of a meeting. This will limit conflict that might occur during the meeting.

Support Person

An employee can bring a wide range of people to a meeting as a support person. This could be a co-worker, friend, relative or neighbour.

A support person should not be:

a fellow employee whose involvement may result in a possible conflict of interest
a Workplace Equity and Harassment Officer (WEHO) / Equity Information Officer (EOI)
an employee who provides employee assistance services or counselling (such as a member of Staff Psychology).
A manager. It is rarely a good idea to have management involved as a support person. It is more likely that they will have a conflict between their role as support person (supporting employee) and their role as a manager (representing the employer).

If an employee suggests a support person you are uncomfortable with, advise them of this and ask if they are prepared to suggest an alternative.

You are not required to continue a meeting where you are not comfortable. If it is not practical to arrange a meeting that you are comfortable with the matter might need to be resolved through written correspondence.

If you become uncomfortable with a support person in a meeting you can either:

Call a break. You can seek advice from your local Human Resource Business Partner during a break

“Let’s have a break for 10 minutes. You can have the room if you like during that time.”

Call the meeting to an end.

“I’m not comfortable go on so I will end it here. I’ll let you know how I intend to proceed.”

Advocates and Lawyers as a Support Person

Sometimes people want to bring a professional advocate or lawyer to a meeting. There is no rule against this, but it is important to understand that advocates and lawyers do not have special status.

Industrial representatives

An industrial representative (such as a Union Representative) is different to a support person. An industrial representative has a role to represent their members under industrial law and as their union rules permit.

Representing union members may include advocating on behalf of members in meetings or interviews just as a HR practitioner may advocate on behalf of managers in certain situations. Industrial representative may ask clarifying questions and, on occasion, advocate to ensure that procedural fairness has been provided.

As a Manager, can I have a Support Person?

If you are attending a meeting as an employee, the same rules apply to you. It should not be necessary to have a support person at routine meetings. You may wish to have a support person present in some non-routine meetings. If you wish to hold a non-routine meeting you can request support from your local Human Resource Business Partner.

There are times when it is appropriate for a human resource officer, or another manager, to attend a meeting with you. When this happens, the additional person has different role from an employee support person. Your Human Resource Business Partner will advise you on the differences and if it is appropriate.

Why is this important?

It is important that non-routine meetings happen and that employees feel as comfortable as possible when participating in them. A support person can help ease nerves.

Key decisions are often made using information from non-routine meetings. To ensure that these decisions are fair, it is important that an employee have the opportunity to have a support person present.

You should always make a record that you offered an employee to bring a support person to a non-routine meeting. This record may be required to prove that you behaved in a fair and reasonable way (see: Management Decisions).

What do I need to do?

Understand what a support person is, the different types of support person and when to offer them
Offer a support person when appropriate
Ensure that a support person behaves appropriately and within the scope of their role
Ensure that everyone behaves respectfully towards each other.