The UK’s Employment Rights Bill, which is now in its very final stages, will re-introduce employer liability for harassment by third parties. This is significant for many employers, but raises particular risks for those who use coworking and other shared office spaces. In this article, we consider the problem of coworking spaces and harassment and what employers can do to mitigate the risks, including working with landlords and buildings management. 

It is estimated that in 2024 nearly five million individuals worldwide worked from coworking spaces, up 158% from 2020. This uptick has, in part, been driven by the increase in remote working models, startups and a surge in demand post-pandemic for working spaces that offer flexibility to scale up or down depending on business needs. Coworking is an arrangement in which individuals or groups of employees from different organisations share the same workspace. An individual or business may rent a single desk or area within an open plan space or rent a private office within that space on a short or long-term basis. Facilities are often shared amongst those who use the coworking space. 

However, whilst employers have a degree of control over their own employees in coworking spaces, others sharing the space are likely to be third parties that the employer has no relationship with. The employer cannot exercise any effective control over these other individuals, creating an inevitable risk area for employers in respect of harassment of their own staff by third parties – including the risk of sexual harassment. Particular risk areas include the following: 

• Open-plan layouts, hot-desking, a lack of private offices and shared facilities increase the risk of, and opportunity for, inappropriate behaviour. 

• In some coworking spaces, building management hosts a variety of events available for its members/tenants, including networking events, workshops and social gatherings. Employers are unlikely to have any involvement in planning the event and therefore no control over logistics, who attends or whether alcohol is served (and if so, how much is available).  

• Opening times of the coworking space are often flexible and allow individuals to start earlier or stay late, when managers may not be around. Late and lone working inevitably increases risk, but even more so when employees may not know those who they share the coworking space with, and where their own managers or colleagues may not be around.  

Since 26 October 2025, UK employers have been required to take “reasonable steps” to prevent sexual harassment of its employees in the course of their employment. This is an anticipatory duty, which creates a positive legal obligation for employers to try to stop sexual harassment from happening in the first place by taking reasonable steps to prevent it. From October 2026, this is due to become a duty to take “all” reasonable steps. The Equality and Human Rights Commission (EHRC) emphasises that the duty covers sexual harassment from customers, clients and other third parties (and suggests that it expects employers to treat sexual harassment by third parties as equally as seriously as harassment within the workplace). The EHRC can take enforcement action on that basis.  

Although currently employees cannot bring an Employment Tribunal claim for harassment by third parties, that is set to change soon. The Employment Rights Bill will make employers directly liable for harassment of staff by third parties unless they can demonstrate that they took “all” reasonable steps to prevent the harassment from occurring. This applies to every type of harassment – not just sexual harassment – and is expected to apply from October 2026. A “third party” is anyone who is not the employer or a fellow employee, so it is clear that fellow users of a coworking space will be covered. 

If a member of staff reports a potential incident of sexual harassment, usually their employer would seek to investigate. This becomes more difficult when the alleged harasser is not an employee and so cannot be compelled to participate in the investigation, but employers will still need to take what steps they reasonably can. These include the following:  

• Interview the complainant and any witnesses to try to establish what happened. The employer may also need to contact building management, the space provider or landlord (for example to view any CCTV footage). They may also need to contact the other employer (having discussed and agreed this with the complainant first).  

• While investigating, it may be difficult to prevent the employee and the alleged harasser coming into contact with each other. Unless discussion with building management or the individual’s own employer leads to the alleged harasser being temporarily excluded from the coworking space, the employer may need to consider arrangements for the complainant to work temporarily elsewhere.  

• If it is concluded that the allegations are well-founded, the employer should take the steps reasonably available to address this. Again, this is difficult if they do not have any control over the third party. They are likely to want to report the incident to the landlord/building manager and other employer, and ask them to co-operate in finding a resolution.   

• Policies: EHRC guidance is clear that it is reasonable to expect employers to have in place effective and well-communicated anti-harassment policies. Those operating in coworking or shared office spaces should include specific provisions on this. Employers should also consider a lone working policy and make clear who employees should report any concerns to if management are not on site. 

• Training: Employers need to provide effective and relevant training. EHRC guidance states that where third party harassment is more likely, training should be provided on how to address such issues.  

• Risk assessment: An employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment, and the EHRC guidance states explicitly that employers should consider the risk that their workers may be sexually harassed by third parties. This should not be limited to customers or clients. If an employer operates within a coworking or shared office space, any risks arising from that should be clearly documented, and control measures put in place to mitigate those risks.  

Employers should, prior to agreeing terms to take coworking space, engage with the landlord and its building management team to identify what measures are in place to protect users of the building against harassment – so that both parties are clear on the standards expected for the building. 

Both the legal and reputational risk for landlords and occupiers in coworking spaces means the form of occupational agreement adopted for the building (whether that be a lease, licence or other form of  agreement), and other building regulations or protocols which support it, should be used collectively to allocate responsibility, create practical mitigation measures and provide clear and enforceable remedies against all occupiers of the building in the event of any type of harassment. 

A landlord of a building can also factor in ways to mitigate the risk when designing space (adequate lighting, sightlines and signage etc). An employer can verify that all of these measures are in place as part of fulfilling their duty to take reasonable steps to prevent harassment, and should also inspect any building and undertake a risk assessment before signing up to take the space.  

Employers can also work with building management and landlords to ensure they understand the importance of taking steps to prevent harassment. For example, employers should consider:  

• Can they encourage building management/the landlord to communicate expected standards of behaviour to all tenants and users of the space (including that harassment of any kind will not be tolerated)? 

• What steps are they taking to prevent harassment in shared, communal areas over which they have control? Think signage that unacceptable behaviour will not be tolerated, security teams doing regular floor walks and implementing CCTV in specific areas and monitoring access records.   

• What anti-harassment policies and procedures do they have in place? For example, have they conducted their own risk assessments? Are their own staff trained to know what to do if a user of the space raises a complaint of harassment directly with them? 

• Is there a mechanism by which users of the space can raise or report concerns or incidents to the building management or landlord directly? For example, an “Ask for Angela” type scheme where users of the space can use a code word to building staff if they feel uncomfortable and require assistance. If so, employers should cascade this information to its own employees. 

As coworking spaces continue to reshape the modern workplace, they are not immune to the challenges faced by more traditional work environments – particularly when it comes to sexual harassment. The informal, fluid nature of these spaces can blur boundaries and weaken accountability, creating gaps in protection. It also limits the steps that employers can take to mitigate risks, given the lack of control over third parties sharing the space. Addressing this risk requires a proactive approach: clear policies, accessible reporting mechanisms, and encouraging a culture where employees feel able to speak up and report inappropriate behaviour.