When, Who and Why? Understanding the Role of a Support Person.

When your employer says you can bring a support person to a disciplinary or redundancy meeting, they’re recognising your legal right to have someone with you for support and advocacy during potentially stressful or serious discussions. Here's what that means, and how to choose the right person.

A support person is someone who attends the meeting with you to:

• Support you emotionally and help you stay calm and focused,

• Keep a record of what happens in the meeting, and

• Act as a witness to what is said and how you are treated.

You’re not expected to face a disciplinary or redundancy meeting alone.  Bringing a support person is about ensuring fairness and helping you understand and respond to what’s being said.

There are no strict rules about who a support person can be, but good options include:

• A trusted colleague not involved in the situation, 

• A union representative where appropriate,

• A family member or friend, or

• An  employment advocate.

Avoid bringing someone who is directly involved in the allegations or affected by the process.   Choose someone who can remain calm and professional, will listen carefully and take notes, can help you, and will back you up if you’re being treated unfairly.  

If you’re facing serious allegations, or worried about the outcome, consider someone who understands employment processes like a union delegate or employment advocate.  For example:

• You’re facing serious allegations such as serious misconduct, bullying, harassment.

• There is a real risk of dismissal or disciplinary action that could affect your career.

• You feel out of your depth legally or emotionally and want someone to speak or negotiate on your behalf.

• The employer has a lawyer or HR professional running the meeting.

• The process seems procedurally unfair or you're unsure of your rights.

Advocates are experienced in employment law process and can ensure proper process is followed, help you respond to allegations, advise you on your rights and risks and draft formal responses or represent you in negotiations.

If you are planning to bring a support person to a meeting let your employer know as a courtesy, bring two copies of documents so your support person can follow along, and talk to your support person beforehand so they understand what’s at stake.  

Bringing a support person is not just a formality, it's a safeguard. Whether it’s a disciplinary or redundancy meeting, having someone in your corner helps keep the process fair, balanced, and less intimidating. Choose someone you trust to help you stay calm, focused, and heard. If you feel like your situation is serious or may impact on your ongoing employment, it is worth engaging an employment advocate to support you.  Get in touch for a free consultation.  mathewswalker.co.nz | 0800 612 355

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.