What Employers Need to Know About a Support Person

Understand your legal obligations and best practices around allowing a support person in disciplinary or investigation meetings. Learn how to protect your business, ensure fairness, and meet Fair Work Act requirements while supporting your employees professionally.

Let’s be honest, situations that call for performance management, disciplinary action or workplace investigations aren’t easy for anyone involved. Whether it’s a performance issue, employee behaviour, a complaint or a misconduct allegation, these conversations can be tense and emotionally charged.

For the employee, sitting across from a manager, HR or an external investigator can feel intimidating. That’s why allowing a support person (which is encouraged under the Fair Work Act) can make a meaningful difference, and it’s something every employer should understand.

What is a Support Person?

A support person is someone the employee chooses to accompany them during an investigation or disciplinary meeting. Their role isn’t to speak on the employee’s behalf or influence the outcome – they’re there to provide emotional support and help the employee feel more at ease. This could be a co-worker, union representative, friend or family member. The key is that the person is someone the employee trusts and feels comfortable with. However, it is best practice if the support person is not involved in the issue that is being addressed.

Why it Matters for Employers

Allowing a support person isn’t just about compliance, it’s about demonstrating fairness, transparency, and respect. The Fair Work Act doesn’t require employers to offer a support person in every situation, but it does expect employers to allow one if reasonably requested, especially in disciplinary matters. Refusing without good reason can lead to claims of unfair treatment or even unfair dismissal. By supporting this right, employers show they’re committed to a fair process, which helps build trust and reduce the risk of disputes.

What a Support Person Can and Can’t Do

It’s important to set clear expectations. A support person:

Can:

• Sit in on the meeting
• Offer moral support
• Take notes
• Help the employee stay calm and focused.

Cannot:

• Speak on behalf of the employee
• Interrupt or challenge the investigator
• Act as a legal representative.

If a support person oversteps by answering questions or disrupting the meeting, the employer has the right to pause the meeting and ask the employee to choose someone else.

When a Support Person May Not be Appropriate

There are times when it’s reasonable to decline a particular support person.
For example:

• If they’re directly involved in the investigation
• If they hold a senior role that could influence the outcome
• If their presence could compromise confidentiality or impartiality.

In these cases, it’s important to explain the reasons clearly and respectfully, and give the employee the opportunity to choose someone else.

Best Practice for Employers

To ensure a smooth and fair process:

• Inform employees they can bring a support person to investigation, performance management or disciplinary meetings.
• Put it in writing – include it in meeting invitations or policies
• Clarify the role – explain what the support person can and can’t do
• Stay consistent – apply the same approach across similar situations.