Support Person In The Workplace: Who Can Be One And Their Role Under Fair Work

When you’re running a small business, workplace issues can move quickly. One day you’re focused on customers and cashflow, and the next you’re managing a performance conversation, a misconduct allegation, or a potential termination.

This is where the idea of a support person comes up a lot - especially in “formal” meetings like disciplinary meetings, investigation meetings, or meetings that could lead to termination.

Handled well, allowing a support person can make your process fairer, calmer, and easier to defend if your decision is later challenged. Handled poorly, it can create confusion, derail the meeting, or even become a risk factor in an unfair dismissal claim.

Below, we’ll break down what a support person is in an Australian workplace, who can act as one, what the role of a support person should be, and practical ways you can manage support person meeting situations in a way that protects your business.

What Is A Support Person (And When Do You Need One)?

A support person is someone an employee brings (or you allow them to bring) to a workplace meeting to provide personal support. In many workplaces, this comes up in meetings that involve:

• performance management (including warnings)
• misconduct discussions
• investigation interviews
• show cause meetings
• termination meetings

From an employer’s perspective, the support person concept matters because it often comes up when someone later argues the process was harsh, unjust or unreasonable.

Is A Support Person Required Under Fair Work?

There isn’t a single rule that says every meeting must include a support person. However, if a matter escalates to an unfair dismissal claim, the Fair Work Commission commonly looks at whether you:

• notified the employee of the reason for possible dismissal, and
• gave the employee an opportunity to respond, and
• unreasonably refused to allow the employee to have a support person present (where the employee requested one).

So practically, if you’re holding a meeting where dismissal is a possibility (even if you haven’t decided yet), it’s usually wise to tell the employee they can request a support person - and to avoid unreasonably refusing that request.

When Should You Offer A Support Person Option?

To minimise risk, many small businesses take a simple approach: if the meeting could reasonably result in disciplinary action, it’s sensible to let the employee know they can bring a support person if they wish.

This often includes meetings connected to:

• a formal warning process (especially if you’re following a staged process)
• a show cause letter and show cause meeting
• temporarily directing the employee not to attend work while you investigate (for example, where you have a lawful basis to do so under the Fair Work Act, an award/enterprise agreement, the employment contract or your workplace policies) - which may involve a stand down in limited circumstances, or a suspension pending investigation.

Even where it’s not strictly required, allowing a support person is often a low-cost step that strengthens procedural fairness.

Who Can Be A Support Person In The Workplace?

A common question we hear is: who can be a support person?

In most cases, a support person can be someone the employee trusts and feels comfortable with. This could include:

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

However, just because someone can be a support person doesn’t mean every person is appropriate in every meeting. As the employer, you can set reasonable rules to keep the meeting safe, confidential and productive.

Can The Support Person Be A Lawyer?

Sometimes employees ask to bring a lawyer. Whether you agree often depends on:

• how formal the process is
• whether your workplace policies address this
• whether the matter is likely to become legal (for example, allegations involving serious misconduct)
• the impact on power balance and the practical ability to run a fair meeting

There is no blanket rule that an employee must be allowed legal representation in an internal workplace meeting. But if you refuse, ensure your refusal is reasonable in the circumstances and that the employee still has a genuine opportunity to respond.

Can The Support Person Be Another Employee From Your Business?

Yes - and in small businesses, that’s often the most practical option. The key is to avoid conflicts of interest.

For example, it may be inappropriate if the proposed support person is:

• a key witness in the allegations
• the employee’s direct manager (if the manager is the one raising the concerns)
• someone who has been involved in the investigation

If there’s a clear conflict, it can be reasonable to ask the employee to nominate someone else.

Can You Refuse A Particular Support Person?

Potentially, yes - but you need to be careful. The test in practice is whether refusing the support person is reasonable.

Reasons that may be reasonable include:

• conflict of interest (they are involved as a witness or decision-maker)
• confidentiality risk (they are likely to disclose sensitive information improperly)
• disruptive behaviour (for example, a history of aggressive conduct)
• safety concerns (threats, intimidation, or escalating conflict)

If you do refuse, it’s usually best to:

• explain your reason calmly
• offer an alternative (for example, reschedule so they can bring someone else)
• document what happened

What Is The Role Of A Support Person (And What Are They Not Allowed To Do)?

The role of a support person is often misunderstood - especially in high-stress meetings.

Generally, a support person is there to provide personal support, which can include:

• helping the employee stay calm
• taking notes for the employee
• helping the employee understand what is being discussed (for example, by asking for breaks or clarification)

This is why a support person can be valuable for you too: the employee is less likely to later say they were ambushed, confused, or pressured.

What A Support Person Should Not Do

The support person is not usually there to:

• answer questions on the employee’s behalf
• argue the case as an advocate (unless you’ve agreed to allow this)
• cross-examine managers or witnesses
• disrupt the meeting or intimidate participants

If you’re worried about the meeting turning into an “adversarial hearing,” it helps to set expectations upfront about the support person’s role: supportive, not combative.

Can The Support Person Speak In The Meeting?

This is where many small businesses get stuck.

In practice, a support person can speak in limited ways, such as:

• asking for a pause or break
• asking you to repeat or clarify a question
• quietly conferring with the employee

But you can also reasonably insist that:

• the employee responds to the allegations themselves
• the support person does not interrupt repeatedly
• any questions are asked at appropriate times

A good way to handle this is to open the meeting with a short script (we’ll cover this below).

How To Run A Fair Work Support Person Meeting (Step-By-Step For Employers)

When you’re preparing for a meeting where an employee may attend with a support person, your goal is to run a process that is:

• procedurally fair
• clear and well-documented
• not unnecessarily stressful for anyone involved

Here’s a practical structure many employers use.

1. Invite The Employee In Writing (And Mention The Support Person Option)

Send an email or letter confirming:

• the meeting time and location (or video call link)
• the general purpose of the meeting (for example, to discuss performance concerns or alleged misconduct)
• that they may bring a support person if they wish
• any documents you want them to review beforehand (where appropriate)

If the meeting may lead to disciplinary action, clarity upfront is important. It also reduces the risk of “surprise” arguments later.

2. Prepare Your Documents And Your Desired Outcome

Before you meet, be clear on:

• what allegations or concerns you’re raising
• what evidence you have (and what you still need to investigate)
• what decision(s) you are making today versus what will be decided later

For example, if you’re still investigating, it may be premature to jump to termination.

If you’re following a structured process, it’s worth checking your Employment Contract and any workplace policies for disciplinary steps, meeting procedures, and confidentiality expectations.

3. Start The Meeting With Ground Rules

At the beginning of the meeting, confirm:

• who is attending and their roles
• that notes will be taken
• the purpose of the meeting
• the support person’s role (support and notes, not answering for the employee)
• that everyone is expected to remain respectful

This simple step often prevents misunderstandings and helps keep the meeting on track.

4. Put The Concerns To The Employee And Give Them A Real Chance To Respond

This is a key procedural fairness moment.

Make sure you:

• explain the concerns clearly (avoid vague statements like “your attitude is bad”)
• refer to specific incidents, dates, or examples where possible
• ask the employee to respond
• allow them time to speak (and to confer with their support person if needed)

If you rush this part, you increase the risk that the process will later be criticised as unfair.

5. Consider The Response, Then Decide Next Steps

After the employee responds, you may decide to:

• take no further action
• give a warning
• set a performance improvement plan
• continue investigating (and consider whether any interim workplace direction is appropriate and lawful)
• move toward termination (with care)

Where termination is a possibility, it’s important to align your process with your business size, the seriousness of the issue, and any applicable award/enterprise agreement requirements.

If you’re unsure whether you have enough grounds to move to termination (or whether you need to follow prior warning steps), it can help to consider guidance around warnings before dismissal, particularly for performance-related issues.

Common Mistakes Employers Make With Support People (And How To Avoid Them)

Even businesses with the best intentions can slip up here - usually because things are moving fast or emotions are high.

1. Treating The Support Person As An “Enemy”

A support person being present doesn’t automatically mean the employee is gearing up for a legal fight.

Often, it’s simply someone the employee trusts to help them get through a difficult conversation. If you treat the support person as a problem from the outset, the meeting can become defensive and less productive.

Instead, keep it neutral: acknowledge them, explain the ground rules, and focus on the issue.

2. Not Clarifying Confidentiality

Many disciplinary meetings involve sensitive information - about customers, workplace safety incidents, complaints, or other staff members.

It’s reasonable to remind everyone (including the support person) that the content of the meeting is confidential. If needed, you can request an acknowledgement of confidentiality, especially for serious matters.

3. Not Allowing Enough Time Or Notice

If you schedule a meeting on very short notice and the employee can’t arrange a support person, you may end up with a fairness argument later.

In most situations, giving at least some notice and offering to reschedule (within reason) is a practical way to reduce risk.

4. “Deciding First, Meeting Second”

A big risk factor is holding a meeting that looks like a formality when you’ve already decided the outcome.

If the employee’s response can’t realistically change anything, the meeting may not be considered a genuine opportunity to respond.

This is especially important where you’re dealing with a quick termination scenario such as termination during probation. Probation can make the process simpler, but it doesn’t mean “anything goes” - you still want a sensible, documented process.

5. Letting The Support Person Hijack The Meeting

If a support person starts answering every question or arguing every point, it’s okay to calmly reset the boundary.

You can say something like:

“Thanks - I understand your view. For today, I need to hear directly from . You’re welcome to take notes and ask for a break if needed.”

If the behaviour continues, you may need to pause and reschedule. Keep your tone measured and document what occurred.

Key Takeaways

• A support person can help you run a fairer process in disciplinary, investigation and termination-related meetings, and reduce the risk of disputes later.
• While a support person is not required for every meeting, it’s often wise to allow one (and to avoid unreasonably refusing a request) where disciplinary action could result - particularly where dismissal is a possibility.
• Who can be a support person is flexible (friend, colleague, family member, union representative), but you can refuse a particular person if your refusal is reasonable (for example, due to conflict of interest or safety concerns).
• The role of a support person is usually to provide emotional support and assist with understanding and note-taking - not to act as an advocate or answer questions for the employee.
• Set expectations at the start of the meeting, give the employee a genuine opportunity to respond, and document the process carefully.
• If you’re moving toward formal warnings, suspension/stand down, or termination, check your contracts and policies and consider getting advice to ensure your process is compliant and defensible.

If you’d like help managing a support person meeting or setting up a compliant disciplinary process, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.