Managing difficult conversations has become a critical part of maintaining a fair and compliant working environment. Whether dealing with performance issues, misconduct, or redundancies, it’s essential that HR professionals and managers handle these situations with care. One of the key ways to ensure procedural fairness is by offering employees the option to bring a support person to the meeting. However, this process brings with it its own set of challenges and questions.

In this newsletter, we provide answers to your most pressing concerns on the role of a support person. When it’s appropriate to have a support person involved, how to manage them during a meeting and what to do if they become disruptive.

Do employees have an automatic right to a support person?

A common misconception is that employees in Australia have an automatic right to bring a support person to any HR meeting. This is not always the case. While some employment contracts or industrial agreements might guarantee this right, it’s not universal across all workplaces. However, offering this option can demonstrate procedural fairness, which is essential if the situation escalates to the Fair Work Commission (FWC).

If you offer employees the chance to have a support person present, it will likely work in your favour if any unfair dismissal claims are made. The FWC tends to view the option of having a support person as an indicator that the employer acted fairly, which can protect you in the event of a dispute.

Can you veto a support person?

While employees are generally allowed to choose their support person, there are situations where it might be appropriate for an employer to veto their choice. This is especially true if the support person presents a conflict of interest, such as being a witness to the issue at hand.

In these instances, you are within your rights to ask the employee to select a different support person. However, this should be done cautiously, as denying a support person can sometimes be seen as a lack of procedural fairness. Ensuring transparency and explaining your decision clearly is crucial in avoiding any potential claims.

What happens if the support person becomes disruptive?

One of the biggest challenges managers face is managing a support person who becomes disruptive during the meeting. This can happen if the support person is overly emotional, aggressive, or starts to act as an advocate rather than fulfilling their proper role.

In these situations, it’s important to maintain control. You can pause the meeting to remind the support person of their role, and if the disruption continues, you have the right to adjourn the meeting. The employee can then be asked to find a more appropriate support person before reconvening. Handling this situation calmly and professionally ensures that the meeting stays on track without violating the employee’s rights.

How to prepare the support person for the meeting

Setting clear expectations for the support person is key to ensuring the meeting runs smoothly. While employers aren’t obligated to directly contact the support person, providing the employee with guidance about the role and limitations of their support person is highly advisable.

Make sure the employee understands that the support person is not there to act as an advocate or interfere in the discussion. Their role is to offer emotional support and take notes, but they should not engage in the conversation or disrupt the process. This should be confirmed at the start of the meeting.

Why procedural fairness matters

Employers in Australia must prioritise procedural fairness in all HR matters, particularly when handling difficult conversations. If an employee feels they have been treated unfairly, the matter could be escalated to the Fair Work Commission. Demonstrating that you offered a support person, allowed reasonable time for preparation, and maintained fairness throughout the process is critical to protecting your company from legal claims.

For more on procedural fairness and other essential HR best practices, email us to receive detailed guides on managing employee grievances and conducting fair disciplinary meetings.

Protect your business with professional HR advice

If you're managing such meetings and need expert advice on dealing with support people or difficult conversations in general, HRplus is here to help. Our team of experienced HR consultants offers tailored solutions for small to medium Australian organisations. From conflict resolution to staff training, we provide the expertise you need to ensure your HR processes are legally compliant and run smoothly.

The Role of Support People