What is the difference between a support person and a representative?
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This comes up a lot, both in these advice columns, and in the workplace, so we need to address this briefly. This section is very dependent on the laws of your land, so more so than ever- your mileage may vary (see here).
For all of these advice columns, I use ‘representative’, but I really mean both, or either. It’s simpler and more understandable to use one word, rather than forever saying representative/support person, and then explaining it again and again. So when you read representative, I also mean support person.
They are an important function in a meeting
The principle of representation goes a long way back, in part back to heavily unionised days, when (and still is) the union’s job is to stick up for workers, so they demanded to sit in meetings. It’s a very fair and important right- both the power and the knowledge gap heavily favours the employer, so people need help, and without help they are vulnerable.
There isn’t a big legal distinction
Its varies from country to country (see here) but to keep it simple here, there isn’t a substantive distinction. Whether termed a support person or representative, you’re entitled to someone in your corner, helping you out. Making a distinction can get messy, and can side-track a meeting, and lead to escalating conflict (see here) if either party tries to constrain the other in what can, and cannot say.
Representatives can speak on your behalf, but it gets tricky if you try and hide behind them.
Representatives tend to be professionals brought into the meeting to act on behalf of the employee- advocates, union officials, lawyers. They can speak on your behalf, and the employer is not entitled to stop them doing so.
But you can’t insist the employer only speak to them. Unless your legal system gives you this right, the employee doesn’t have a right to silence; the employer and the employee are still in an employment relationship, and the employee is obliged to engage with the employer and speak to them. The employer can fairly insist that they hear from the employee, and not be contained to only speak with their designated representative.
A support person can support you, but that doesn’t mute them.
If we are making distinctions, a support person plays a more supportive role, helps them with the emotive aspects of the meeting. This doesn’t mean they can’t talk, nor can they be muted. Often people will unconsciously take on this role, assisting the person speak for themselves. Support people can be very helpful when the strategy is to admit fault and seek mercy, as they can assist by persuading the employer of the emotional impact of the error, and that things will be different in the future (see here).
You could potentially have both.
It’s not unreasonable to have both, IF they play different roles. But this does require a few things. Some situations merit it more than others, especially when the employee is more vulnerable (such as age or mental health condition). The employer needs to agree, and can say no. In this situation, the support person practically should take a quieter role, speaking only sparingly to stop the meeting devolving into an argument.
