Operating Standards for Separating Workplace Harassment Reporters and Respondents

Workplace Harassment and Separation Measures Operation Guide

Workplace harassment separation measures
Ensure both protection and procedural fairness.

Separation of the workplace harassment complainant and the accused is a protective measure reviewed after a report is received to prevent further harm and secondary damage. HR personnel must implement separation measures by verifying the complainant's intent, the possibility of contact, the supervisory and reporting relationship, work-relatedness, the fairness of the investigation, and whether there will be any disadvantage.

short answer

Separation is not a disciplinary measure, but a temporary protective measure to be reviewed if necessary.
Please operate following the flow of: Confirm need for protection → Confirm whistleblower's intent → Check for potential contact → Select action method → ​​Confidentiality guidance → Monitoring during investigation → Decide on termination or modification.

🕒 When will it be applied?

This article can be used as a reference in situations where you need to determine whether the complainant and the accused can be placed in the same space or on the same work line after a workplace harassment report has been filed.
It is recommended to consider separation measures, especially in the following cases.
  • When the complainant and the accused work on the same team
  • In cases where the person reported is the reporter's direct superior or has the authority to evaluate.
  • If direct contact, work instructions, or participation in meetings continues after reporting
  • When the whistleblower expresses anxiety about retaliation or the spread of rumors
  • If there is a possibility of contacting a witness or influencing their statement
  • Cases where secondary harm or pressure is a concern during the investigation period
  • Cases where protection of the individual is necessary due to rumors spreading within the organization
  • When the reported party holds a position of significant influence, such as a manager, executive, or person with personnel authority.
However, the same type of separation measure is not necessary for every reported case. There are instances where work-related contact is minimal, the whistleblower does not wish for separation, or other protective measures are sufficient. Therefore, HR should consider separation measures not as an “automatic measure,” but as an “option based on the need for protection.”

🧭 What an HR Manager Should Do

STEP 01

First, determine the purpose of the separation measure.

Separation is a protective measure, not a disciplinary one. The implementation of separation measures at the pre-investigation stage does not mean that the alleged perpetrator's harassment has been confirmed. HR must clearly communicate this point to the complainant, the alleged perpetrator, and the manager.
The purposes of the separation measures are broadly threefold.
purpose
explanation
Prevention of additional damage
Reduces direct contact between the reporter and the accused to lower psychological burden and the risk of secondary harm.
Ensuring fairness in the investigation
Preventing situations where the accused influences the complainant or witnesses
Maintaining job stability
Adjustments are made to ensure that necessary work is not excessively disrupted even during the investigation period.
HR must operate based on the principle that it is not a “measure to punish anyone,” but a “measure to create a safe and fair environment during the investigation period.”
STEP 02

Confirm the reporter's intent.

When considering separation measures, the first thing to verify is the whistleblower's wishes. The whistleblower may wish to avoid contact with the accused, but conversely, they may perceive the method of traveling or taking leave as a disadvantage.
It is advisable to explain available options, such as changing the work location, adjusting the chain of command, separating meetings, working from home, paid leave, restricting contact with the accused, or changing the manager, and to confirm the complainant's opinion.
We are reviewing protective measures to prevent further contact or secondary harm during the investigation period. After explaining possible options, such as changing the work location, adjusting the chain of command, separating meetings, and providing paid leave, we will determine the course of action after confirming the individual's wishes.
STEP 03

Confirm the possibility of contact and command and reporting relationships.

When determining the necessity of separation measures, you must verify how frequently the complainant and the accused actually come into contact. Even if they are on the same team, there may be almost no work-related contact, while even if they are in different departments, they may continue to interact due to meetings or reporting lines.
Confirmation items
Content for HR to review
Same department
Whether you work in the same team, department, or branch
physical contact
Is it the same seat, the same conference room, the same site, or the same work shift?
Work instructions
Whether the person reported directly instructs the reporter on work
Report line
Whether the reporter must report directly to the accused
Evaluation and Approval
Whether the accused is involved in evaluations, attendance, leave, and work assignments
Communication
Whether messenger, email, meetings, or phone contact is necessary
Contact with witnesses
Whether the reported party has the potential to influence the witness
There are cases where adjusting the line of command is more necessary than a simple change of position, and conversely, there are instances where the work line can be maintained while only the method of attending meetings needs to be changed.
STEP 04

Select the separation method.

There are various methods for separation measures. HR must select the most appropriate method by considering the nature of the incident, the whistleblower's intent, work necessity, and organizational structure.
Measures
Examples of application situations
Points to note
Adjustment of seating and workspaces
Cases where working in the same space causes significant psychological burden
Do not move only the reporter to an uncomfortable seat
Change in work instruction line
Cases where the accused gives direct instructions to the complainant
Clearly designate the temporary authority to issue instructions
Separation of meetings and reports
If you are concerned about contact or pressure during a meeting
Necessary work information is delivered through a separate channel.
Adjustment of working hours and days
Cases involving shift work or repeated on-site contact
Check for any disadvantages in wages or working conditions
Working from home or remote work
If possible due to the nature of the work and the reporter wishes
Manage so that it does not appear to be a disadvantage only to the whistleblower.
paid leave
Cases where the psychological burden is significant or immediate separation is necessary
Confirmation of the reporter's intent and potential disadvantages
Exclusion from duties or relocation of the reported party
Cases where there is a high risk of exercising influence or causing secondary damage
Explain the purpose so it does not look like disciplinary action before the investigation
Contact Restriction Notice
If there is a possibility of direct contact or coercion during the investigation
Designate alternative contact channels necessary for business purposes
Separation measures are intended to protect whistleblowers, but in actual operation, care must be taken to ensure that the burden is not concentrated on the whistleblower.
STEP 05

The purpose of the procedure is also explained to the accused.

If separation measures are notified to the accused without any explanation, the accused may perceive it as disciplinary action or an admission of fact. HR must inform the accused that the separation measure is a temporary protective measure prior to the investigation and does not mean that the harassment has been confirmed.
A process to verify the facts regarding the reported allegations is currently underway. We are implementing temporary measures to minimize direct contact between the parties during the investigation and to ensure the fairness of the proceedings. This does not mean that the harassment has been confirmed, and we will provide you with ample opportunity to explain your side of the story during the investigation process.
It is recommended to limit necessary business contact to HR or designated manager channels.
STEP 06

We establish standards for confidentiality and prevention of secondary damage.

When separation measures are implemented, rumors about “what happened” may spread within the organization. HR must share the reasons for the separation and the details of the incident restrictively, only with those who need to.
Confidentiality standards may include the following items.
  • Scope of people who can know about the report
  • Expressions to use when explaining the reason for the separation measure
  • Minimum information to share with the administrator
  • Message to be used for guidance on meeting and work coordination
  • Prohibited contact acts with the informant, the accused, and the witness
  • Standards for Separate Management of Investigation Data and Counseling Records
  • Response procedures for the spread of rumors or retaliatory remarks
Confidentiality is necessary not only for the whistleblower but also for protecting the rights of the accused and witnesses, ensuring the fairness of the investigation, and preventing unnecessary conflict within the organization.
STEP 07

Determine the separation period and the review timing.

Separation measures are not finalized once decided. Depending on the progress of the investigation, the status of the whistleblower, the necessity of the work, and the possibility of secondary harm, the decision to maintain, modify, or terminate the measure must be reviewed again.
You can record the start date of the temporary measure, the person in charge, the details of the measure, and the timing of the review, and set criteria such as “review after completion of the first interview of the investigation,” “check whether to maintain it after 2 weeks,” and “review whether to switch to a follow-up measure at the time of the end of the investigation.”
It is advisable to internally organize the reasons why action is necessary and the criteria for termination or change.
STEP 08

We will connect this to follow-up measures after the investigation results.

If workplace harassment is confirmed as a result of the investigation, appropriate measures such as a change of work location, reassignment, or ordering paid leave must be considered if requested by the victimized employee. Additionally, necessary measures against the perpetrator, such as disciplinary action or a change of work location, may also be considered.
Conversely, even if the investigation concludes that it is difficult to classify the situation as harassment, internal conflicts or work-related discomfort may persist, so it is necessary to determine whether work adjustments or support for relationship restoration are required.
division
Things to check
Whistleblower Protection
Whether additional protective measures, return-to-work support, and counseling guidance are needed
Measures against the accused
Whether disciplinary action, training, work adjustment, or manager coaching is necessary
Organizational measures
Whether team communication, work allocation, and recurrence prevention training are necessary
Termination of separation measures
Whether to terminate, maintain, or change existing measures
Secondary damage inspection
Whether rumors, retaliation, exclusion, or disadvantages occur
Record management
Retention of records regarding measures taken, grounds for judgment, and guidance
Isolation measures begin with protective measures prior to the investigation, but must lead to measures for preventing recurrence and organizational recovery following the investigation results.

✅ Separation Measure Operation Checklist

The checklist below is for internal inspection purposes to determine whether separation measures between the complainant and the accused are necessary following a workplace harassment report, and how they should be implemented.
especially Confirmation of the whistleblower's intent, assessment of potential contact, verification of command and reporting relationships, prevention of disadvantages, confidentiality, and setting of review points is a basic verification item. Among all items If 3 or more are insufficient It is recommended to re-examine the separation measures, the fairness of the investigation, and the standards for preventing secondary damage.
division
Confirmation items
check
Summary of purpose
It was clarified that the separation measure is a temporary protective measure, not a disciplinary action.
☐
Reporter's intent
We confirmed the protective measures and concerns desired by the whistleblower.
☐
Possibility of contact
We confirmed contact routes such as the same space, meetings, messenger, and phone calls.
☐
command relationship
We verified whether the respondent was involved in the complainant's work instructions, reporting, and evaluation.
☐
Measures
We compared possible options such as seating adjustments, changes in work lines, and paid leave.
☐
Prevention of disadvantages
We verified whether it does not function as a telegram, exclusion from work, or disadvantage in evaluations for the whistleblower.
☐
Information for the accused
It was announced that the separation measure is not a factual confirmation or a disciplinary action.
☐
Contact restriction
The possibility of direct contact, persuasion, or pressure during the investigation was blocked.
☐
Confidentiality
The scope of sharing of incident information and reasons for measures was limited.
☐
Administrator's Guide
Guidelines were provided to administrators regarding the prohibition of spreading rumors and speculative remarks.
☐
Review point
The time was set to review the maintenance, modification, or termination of the separation measures.
☐
Record management
The details of the action, the date of notification, the person in charge, and the basis for the judgment were documented.
☐

⚠️ Common mistakes

POINT 01

Assuming the accused is the perpetrator as soon as a report is filed

Separation measures are protective measures taken prior to an investigation, not disciplinary actions or the confirmation of facts. The accused must also be guaranteed the opportunity to undergo investigation procedures and provide an explanation.
POINT 02

Processing only by moving the reporter first

If a whistleblower is transferred to a different department or removed from key duties against their will, it may be perceived as a disadvantage rather than a protective measure.
POINT 03

Changing only the seats and leaving the line of command intact

If the reported party continues to be involved in work instructions, reporting, evaluations, and approvals, substantial separation may not be achieved.
POINT 04

Explaining the reasons for the separation measure in detail to those around you

The details of the incident and the reasons for the measures should be shared only to the extent necessary, and managers should be instructed not to explain the facts arbitrarily.
POINT 05

Not determining how long the separation measures will be maintained

You must define the start time, review time, and termination or change criteria together.

💬 When EAP support is needed

Workplace harassment separation measures are HR and labor procedures designed to protect victims and ensure the fairness of investigations. The EAP does not replace separation measures, investigations, legal judgments, disciplinary judgments, or formal reporting procedures.
However, the complainant, the accused, witnesses, and administrators may all experience psychological burden during the investigation and separation process. In such cases, the EAP can guide them to psychological support channels separate from the investigation.
If you experience psychological burden, anxiety, sleep problems, or stress from workplace relationships during the process of reporting workplace harassment and implementing separation measures, you may utilize EAP counseling channels. EAP does not replace investigation or legal judgment, and counseling is conducted separately from the investigation process.

❓ Frequently Asked Questions

Q1. When a report of workplace harassment is filed, is it mandatory to separate the complainant and the accused?

Separation measures in the same manner are not required in every case. However, separation measures should be considered when necessary, taking into account additional harm, secondary harm, chain of command, possibility of contact, the whistleblower's intent, and the fairness of the investigation.

Q2. Can't the reporter be transferred to another department first?

We may review the matter if the method is desired by the whistleblower and does not result in any disadvantage. However, caution is required, as transferring a whistleblower against their will, excluding them from key duties, or negatively impacting their evaluation may be perceived as retaliatory measures.

Q3. Doesn't moving the accused person appear as if you are admitting to the harassment?

You must clearly explain the purpose of the measure to ensure it does not appear that way. It is advisable to inform them that this is a temporary protective measure intended to reduce direct contact during the investigation period and ensure a fair inquiry, and that it does not mean the harassment has been confirmed.

Q4. How long must the separation measures be maintained?

Regular reviews should be conducted based on the progress of the investigation, the possibility of secondary harm, the whistleblower's intent, and the necessity of the work. It is recommended to set a review timeline from the beginning and to re-evaluate whether to maintain, modify, or terminate protective measures after the investigation is concluded.

Q5. Is it permissible to provide EAP counseling even during separation measures?

It is possible. However, you must clearly inform users that EAP is a psychological support channel that does not replace investigations or legal judgments. It must be operated separately from investigation procedures to prevent misunderstandings that counseling content or usage records are being used as investigative data.

Next step

Separation measures protect and fairness
Please operate in a way that protects together.
Organize whistleblower protection, procedures for the accused, command and reporting relationships, the possibility of work-related contact, confidentiality, and review and follow-up measures into a single operational standard.
Go to Nudge EAP Implementation Consultation →
This content is intended for general informational purposes. Specific legal matters, labor issues, investigation procedures, separation measures, disciplinary actions, personal data protection, and psychological counseling matters may vary depending on the workplace situation, the latest laws, and official guidelines; therefore, review by relevant experts or authorities may be required.
Comments5
  • Unknown User3
    BEST
    좌석만 바꾸고 업무 지시라인은 그대로 두는 경우도 많을 것 같은데, 이런 경우 실질적인 분리조치로 보기 어려울까요? 보고·평가·승인 관계까지 같이 봐야 할 것 같습니다.
  • Unknown User4
    분리조치 기간을 처음부터 정해두거나 재검토 시점을 남겨두는 게 좋겠습니다. 조사가 길어지면 신고자와 피신고자 모두에게 부담이 될 수 있어서 중간 점검이 필요해 보입니다.
  • Unknown User2
    신고자 의사를 먼저 확인해야 한다는 점에 공감됩니다. 신고자가 원하지 않는데 신고자만 이동하거나 업무에서 빠지게 되면 보호조치가 아니라 부담으로 느껴질 수 있겠네요.
  • Unknown User1
    분리조치가 징계나 사실 확정이 아니라 조사 기간 중 보호조치라는 점을 명확히 안내해야 한다는 부분이 중요해 보입니다. 설명이 부족하면 피신고자도 바로 불이익으로 느낄 수 있을 것 같아요.

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