What is a Support Person?
A support person is someone a staff member trusts to attend important workplace meetings with them. They provide reassurance, act as a second pair of ears during discussions and help the staff member process information, including taking notes for the staff member. After the meeting, they can assist with debriefing, helping the individual reflect and plan their next steps.
What’s Their Role?
It’s important to remember that a support person is there to support, not disrupt, nor challenge or advocate for and speak on behalf of a staff member. Their role is typically that of a silent bystander who may offer quiet advice (respectfully!) or take notes but not actively engage in the discussion. Most likely the support person should only engage with the staff member and not representatives of the employer.
The Legal Framework: What Does the Fair Work Act Say?
While the Fair Work Act doesn’t explicitly require employers to offer a support person, refusing a reasonable request can present concerns regarding procedural fairness. So we say, reasonably allowing a support person is best practice, especially for meetings that impact employment, to reduce your risk. It can also put a staff member’s mind at ease to see the proactive offer or suggestion to bring a support person, if they would like. In our experience, it’s quite rare that a support person will attend, but still, it does happen! The only exception to this is for an unsuccessful probation conversation. As long as these conversations are held prior to the end of the staff member’s probation and within the first 6 months of employment (or first 12 months for small businesses) then staff members won’t have jurisdiction for an unfair dismissal, so the process and best practice of including a support person is not as crucial for these types of conversations.
Preparing for a Meeting with a Support Person
It’s helpful if the support person understands the purpose of the meeting beforehand. Employers should encourage the staff member to share meeting context with their support person to avoid surprises that could derail the discussion. Examples we’ve seen on this front include a spouse attending as a support person when the staff member was facing sexual harassment allegations and investigation or a former staff member subject to a deed of release and settlement attending as a support person and then inadvertently breaching their Deed directly to their former employer. Employers should also be informed of who the support person will be. It’s reasonable to request a change if there’s a conflict of interest or if the person is involved or could be involved in the issue under discussion. However, denying a support person without good reason risks claims of unfair process and may unnecessarily delay the progress of the matter. I will always google the staff member’s support person and find out what I can about them, before they arrive in the meeting; are they a lawyer, a HR expert, trade union rep or an executive manager that is likely to be very well versed in the process and their role as a support person, or will they need education?
Setting Boundaries and Ensuring Confidentiality
At the start of the meeting, clearly explain the support person’s role as a quiet, supportive presence only. If they interrupt or overstep, remind them of these boundaries or pause the meeting if necessary. It’s also vital that support persons understand and commit to keeping all information confidential. Breaching confidentiality can lead to serious consequences, such as disciplinary action or dismissal for a support person who is also a staff member of the employer, and may jeopardise investigations if external parties are involved. Employers should clearly communicate these expectations before the meeting begins, including in writing, if necessary.
Why It Matters Now More Than Ever
With increasing focus on psychological safety in the workplace (supported by emerging legislation, precedent cases and best practice standards) having a support person is critical. They may reduce staff member stress during tough conversations and foster a fair, safe environment that protects mental wellbeing and supports compliance.
Support for Managers and Px Too
Support people aren’t just for employees. People experience (px) professionals and Managers may also benefit from having a support person, such as a senior or trusted colleague or another Px team member, present during challenging meetings for note-taking, emotional debriefing, and fairness. Many EAP’s (Employee Assistance Programs) also offer Manager and Leader resources for how to manage the stressors and toll of challenging conversations with their team members.
Zesty Recap
- Always offer a support person for meetings that impact employment
- Clarify their role: support quietly, don’t speak or disrupt
- Know who they are and reasonably veto if there’s a conflict or concern
- Encourage staff to brief their support person beforehand
- Emphasise strict confidentiality obligations
- Recognise the psychosocial support benefits for staff member’s wellbeing and business protection
- Employers should also consider their own support mechanisms for difficult meetings
