Support Person Guidelines for Australian

When you’re running a small business, workplace issues can move fast.

A performance conversation turns into a formal warning. A complaint escalates into a workplace investigation. A “quick chat” becomes a disciplinary meeting.

In these moments, it’s common (and often sensible) for an employee to ask to bring a support person. But many employers aren’t sure what that actually means in practice. Do you have to allow it? Who can the support person be? Can they speak? What if they disrupt the meeting?

This is where having clear support person guidelines matters. With the right approach, you can run a fair process, reduce the risk of dispute, and keep the meeting productive - while still protecting your business.

Below, we break down what small businesses in Australia need to know about support person guidelines, including when to offer a support person, how to set boundaries, and how to document the process properly.

What Is A Support Person (And Why Does It Matter)?

A support person is someone who attends a workplace meeting to provide support to the employee.

In most cases, the support person is there to:

help the employee feel comfortable and supported (especially where the meeting is stressful)
assist the employee to understand what’s being discussed
act as a witness to what was said and how the meeting was run

Support persons often come up in meetings relating to:

performance management
disciplinary action and formal warnings
workplace investigations (including misconduct allegations)
show cause processes
termination discussions
redundancy consultations (in some contexts)

For small business employers, support person guidelines are important because how you manage these meetings can affect whether a process is later viewed as “fair”. Even when you’ve made a reasonable management decision, a poorly run process can create unnecessary legal risk.

When Should You Offer A Support Person?

There isn’t one universal rule for every workplace situation, but as a practical guideline: if the meeting could lead to a serious outcome for the employee, offering a support person is usually a good idea.

Common examples include:

Disciplinary meetings where a warning may be issued
Meetings about alleged misconduct (including serious misconduct)
Show cause meetings where termination is a possible outcome
Termination meetings (especially where the employee has not resigned)

If you’re unsure whether a support person should be offered, it’s often safer to offer one than to refuse - provided you set clear boundaries about their role.

In many cases, you won’t need a support person for day-to-day management conversations, such as a quick coaching chat or informal feedback. But once you shift into a “formal process” (warnings, investigation findings, potential termination), your support person guidelines become much more important.

Does An Employee Have To Ask For A Support Person?

Often, yes - employees commonly request one.

However, as an employer, you can also proactively offer a support person to demonstrate that you’re running a fair process. This can be especially helpful if:

the employee seems distressed or anxious
English is not the employee’s first language
the allegations or issues are serious
you anticipate the meeting may be contentious

Do You Have To Delay A Meeting If They Need Time To Arrange One?

Sometimes you may need to allow reasonable time for the employee to arrange a support person - but it depends on the circumstances.

For example, if there is no urgency, it’s usually reasonable to reschedule so the employee can attend with a support person of their choice.

On the other hand, if there are immediate safety risks, a need to preserve the integrity of an investigation, or genuine operational urgency, you may need to proceed sooner. In that case, consider alternatives such as:

offering an internal support person (if appropriate)
shortening the meeting to outline the allegations and providing details in writing
allowing the employee to respond in writing after the meeting

The key is to act reasonably, be consistent, and document why you made the decision you did.

Who Can Be A Support Person (And Who Shouldn’t Be)?

Your support person guidelines should clarify who the employee can bring.

In many workplaces, a support person might be:

a colleague
a friend or family member
a union representative (if applicable)

From a small business perspective, the “right” support person is usually someone who can stay calm, respect confidentiality, and allow the meeting to run properly.

Can The Support Person Be A Lawyer?

It depends, and this is where many employers get stuck.

In most workplaces, a support person is not intended to turn a workplace meeting into a legal hearing. If an employee wants to bring a lawyer, you can consider whether that’s appropriate in the circumstances, noting that the Fair Work Commission often looks at whether an employee was unreasonably refused a support person in unfair dismissal contexts (rather than whether a particular person, like a lawyer, had to be allowed).

As a practical approach:

For a routine performance meeting, it may be reasonable to say no to a lawyer and offer an alternative support person.
For a high-stakes matter (for example, allegations that may lead to termination and could later be litigated), you may decide it’s better to allow it - especially if you will also have a support person or adviser present.

If a lawyer attends, you’ll generally still want to set firm expectations that the meeting is an employment process (not a negotiation or court proceeding), and that the employee should still have the opportunity to respond personally where possible.

Can You Refuse A Support Person?

You may be able to refuse a particular person as the support person in limited situations - for example, if there is a genuine conflict of interest, confidentiality risk, or safety concern.

Examples might include:

the proposed support person is a witness in the allegations and their presence could compromise the process
the person has previously behaved aggressively or disrupted meetings
the person is a competitor or someone who may misuse confidential business information

If you do refuse someone, it’s best practice to:

explain your reasons calmly
offer reasonable alternatives (including a different support person)
document the decision

What Can A Support Person Do During The Meeting?

One of the biggest reasons support person meetings derail is because the role isn’t defined upfront.

Strong support person guidelines should set clear ground rules such as:

the support person is there to provide emotional support and help the employee understand what is happening
the support person is not there to answer questions on behalf of the employee
the support person should not interrupt or act in an aggressive manner
the meeting content should be treated as confidential, subject to any legal rights or obligations (for example, seeking advice, engaging a union, or reporting to a regulator)

In practical terms, a support person may be allowed to:

take notes
ask for a short break if the employee is overwhelmed
quietly confer with the employee (for example, to clarify a question)

But generally, you can set a reasonable expectation that the employee must personally respond to questions and allegations.

Can A Support Person Speak On The Employee’s Behalf?

Usually, no - at least not as the default position.

A workplace meeting is normally about giving the employee an opportunity to respond. If the support person answers everything, it can undermine the point of the process and create confusion about what the employee actually says or accepts.

That said, there can be limited circumstances where it’s reasonable to allow the support person to speak, such as:

where the employee has a medical condition or vulnerability affecting communication
where the employee needs assistance due to language barriers

If you allow this, it’s helpful to clarify on the record that you still want to hear directly from the employee wherever possible.

What If The Support Person Is Disruptive?

Your support person guidelines should cover what happens if the meeting becomes unproductive.

If the support person interrupts, becomes aggressive, or tries to hijack the meeting, you can:

pause the meeting and restate the ground rules
take a short break
ask the support person to stop the behaviour
in serious cases, ask the support person to leave and reschedule

If you do ask them to leave, make sure you stay calm and document what happened and why you made that decision.

How To Run A Fair Meeting With A Support Person (Step-By-Step)

Having a support person present doesn’t have to complicate things. A structured approach keeps the meeting fair and protects your business.

1. Confirm The Meeting Purpose In Advance

Before the meeting, give the employee basic information about:

the purpose of the meeting
the issues to be discussed (at least at a high level)
any potential outcomes (where appropriate)
their option to bring a support person

This is especially important for disciplinary processes and meetings that may lead to termination.

2. Start With Ground Rules (Including Confidentiality)

At the beginning of the meeting, introduce everyone and clearly outline:

who is taking notes
the expected behaviour
the support person’s role
that the meeting content should be treated as confidential, subject to any legal rights or obligations

Keeping this consistent across meetings helps you show you apply fair processes across your business.

3. Explain The Allegations Or Issues Clearly

If it’s a disciplinary or investigation-related meeting, explain:

what the allegation is
the key facts you’re relying on (without turning it into a trial)
what policy, direction, or expectation may have been breached

If you have a written complaint or summary, it can help to provide it in writing so the employee (and their support person) can follow along.

4. Give The Employee A Genuine Opportunity To Respond

This is the heart of a fair process: you need to actually listen.

Ask open questions, allow the employee to explain their side, and avoid jumping immediately to conclusions. If they need time to provide additional information, consider allowing a written response after the meeting.

Where you’re working through warnings or a formal performance process, it’s often worth having clear documents and consistent wording in place, including an Employment Contract that supports your expectations and processes.

5. Close The Meeting With Next Steps

End the meeting by confirming:

what happens next (for example, you will consider the response and come back with an outcome)
timeframes for your decision
any follow-up meeting date (if needed)

If you’re issuing a warning or commencing a more formal stage of performance management, it can be helpful to follow a structured approach similar to what you would include in show cause letters, even if you’re not formally at a show-cause stage yet.

What Policies And Documents Should Your Support Person Guidelines Tie Into?

Support person guidelines work best when they’re not “ad hoc”. In small businesses, a consistent process is one of the simplest ways to reduce risk.

Consider where your support person guidelines sit, such as:

your workplace policies (often in a handbook)
your performance management procedure
your investigation procedure
your disciplinary meeting templates (invite emails and meeting notes)

If you use workplace surveillance (like CCTV or audio recording) you’ll also need to be careful. Recording a meeting without the right consent can create a separate legal issue, so it’s worth ensuring your approach aligns with Australian recording rules, including what’s discussed in business call recording laws (and whether that applies to your setting).

Performance Management And Warnings

If your support person guidelines relate to performance management, your documents should clearly set out:

what performance concerns are being raised
what improvement is expected and by when
what support/training will be provided
what may happen if performance does not improve

This helps you show the process was clear and reasonable - and that the employee understood the expectations.

Investigations And Suspension/Stand-Down Situations

Where allegations are serious, you might need to investigate promptly. In some situations, you may consider temporarily removing the employee from the workplace while you investigate. This is a separate issue that needs careful handling, including pay arrangements and communication.

If this is something you’re dealing with, the approach in standing down an employee pending investigation is often closely connected to how you run meetings with a support person.

Termination Meetings

Termination is high-risk from an HR and legal standpoint. Clear support person guidelines help you manage the process respectfully, but you also need to ensure your broader termination process is compliant, including notice requirements and final pay.

Depending on how the employment ends, you may also need to consider payment in lieu of notice and whether it’s allowed under the employment contract and applicable industrial instrument.

Key Takeaways

Having clear support person guidelines helps you run fair, structured workplace meetings - especially where warnings, investigations, or termination may be on the table.
A support person is generally there to support the employee and act as a witness, not to run the meeting or answer questions on the employee’s behalf.
It’s often best practice to offer a support person for formal meetings, and to allow reasonable time for the employee to arrange one where possible.
You can set clear ground rules about confidentiality (noting it may be subject to legal rights and obligations), behaviour, and the support person’s role to keep the meeting productive.
Documenting the meeting (attendees, issues discussed, responses, and next steps) is crucial for protecting your business if decisions are later challenged.
Your support person guidelines should align with your broader employment documents and processes, including your Employment Contract and disciplinary procedures.

Note: This article is general information only and does not constitute legal advice. If you need advice for your specific situation, it’s best to get tailored legal guidance.

If you’d like help putting clear support person guidelines in place (or managing a tricky performance, investigation, or termination process), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Support Person Guidelines For Australian Employers