Coworking Spaces: How Can Employers Protect Their Workers From Third Party Harassment?

The post-pandemic world has seen a significant rise in coworking and shared/serviced office spaces. That means that now, more than ever, employers face a lack of control over people with whom they share the physical work environment. With even greater responsibilities on employers to prevent sexual harassment of their staff due to come into force, what steps should you be taking to protect your workforce from third party harassment?

The Employment Rights Bill 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. This article considers the problem of coworking spaces and harassment and what employers can do to mitigate the risks, including working with landlords and buildings management.

Coworking spaces

It is estimated that in 2024 nearly 5 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 (such as toilets, kitchens, cafes, communal/break out areas, leisure and meeting spaces) are often shared amongst those who use the coworking space.

This way of working encourages collaboration and flexibility, but it can cause issues for employers due to the close proximity and interaction within the shared space between its own employees and other individuals who do not work for its business. These individuals may be employed by other businesses, or members of the public using the shared space. Due to the fluid nature of coworking spaces, those using the spaces are likely to change on a frequent basis.

Whilst employers have a degree of control over their own employees, others sharing the space are likely to be third parties that the employer has no relationship with. The employer is not able to exercise any effective control over these other individuals. This creates 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:

• 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. It is social gatherings that are most likely to cause concern. 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 managers or colleagues from their own employer may not be around.

The law on sexual harassment – the preventative duty

26 October 2025 marks the one-year anniversary of the introduction of the duty for employers to take "reasonable steps" to prevent sexual harassment of its employees in the course of their employment. We have previously written about what employers need to know about the new duty. 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 equally as seriously as harassment within the workplace). The EHRC can take enforcement action on that basis.

Although at the moment 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.

Investigating and dealing with incidents involving third parties in your office space

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 you will still need to take what steps you reasonably can.

You will want to interview the complainant and any witnesses to try to establish what happened. In order to investigate fully, you may also need to contact building management, the space provider or landlord (for example to view any CCTV footage). You may also need to contact the other employer (having discussed and agreed this with the complainant first). All responsible employers should take any reports of this nature seriously, and so the parties involved should try to work constructively to resolve matters. While you are investigating, it may be difficult to prevent your employee and the alleged harasser coming into contact with each other (for example in the lift, kitchen or breakout area) so, unless discussion with building management or the individual's own employer lead to the alleged harasser being temporarily excluded from the coworking space, you may need to consider arrangements for the complainant to work temporarily elsewhere.

If you conclude that the allegations are well-founded, you will also need to take what steps you reasonably can to address this. Again, this is difficult if you do not have any control over the third party. You are likely to want to report the incident to the landlord/building manager and other employer, and ask them to co-operate with you in finding a resolution. This may be easier in practice if your landlord/building manager has already adopted a code of conduct or other measures to protect its occupants (see below).

How can employers mitigate the co-working risks?

Policies, training and risk assessments

The EHRC guidance on sexual harassment is clear that it is reasonable to expect employers to have in place effective and well-communicated anti-harassment policies. Policies should be tailored to the employer's working environment, and those operating in coworking or shared office spaces should include specific provisions on this. Policies and procedures should be clearly communicated, and employees should be aware of what reporting mechanisms are in place.

Employers should also consider a lone working policy, and make clear who employees should report any concerns to if management are not on site.

Similarly, employers need to provide effective and relevant training. The EHRC guidance states that where third party harassment is more likely, training should be provided on how to address such issues. It provides the example of a manager in a call centre receiving guidance on what to do in the event of a worker receiving an abusive phone call. You should ensure that your training covers the standards of behaviour that should apply also to third parties with whom they share the work environment, and provide guidance on what employers/managers should do if they experience or witness concerning behaviour from a third party.

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 you operate 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.

Working with landlords and building management

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 which are 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. This ensures occupiers are clear on their responsibilities and allows for both parties to act quickly and effectively to prevent, respond to and, in the case of the landlord, sanction harassment in accordance with the terms of the applicable agreement.

Drafting should be included in each agreement granted by the landlord which obliges an occupier to comply with a building wide code of conduct (which includes an anti-harassment policy) in relation to the use of all common parts, shared amenities and the building generally. An obligation to comply with all applicable laws and guidance relating to the use of the building (which would cover laws relating to harassment, discrimination and victimisation) would also be expected as standard. Other clauses dealing with access control, security and other proactive measures, supported by obligations on both parties to co-operate and share information regarding any harassment concerns or incidents (subject to data protection restrictions), helps provide a platform for both parties to effectively manage the risk.

There will also need to be remedies available to the landlord in the event of occupiers (and their employees and invitees) failing to comply with their contractual obligations. These could range from suspension or restriction of access, relocation of desks/rooms and adjustments to rights to use certain shared areas and/or amenities, to the recovery of costs for additional security or mitigation measures or the termination of the agreement.

A landlord of a building can also factor in ways to mitigate the risk when designing space. Allowing for adequate lighting, sightlines and signage, positioning of security camaras or configuring shared spaces to reduce concealed or isolated areas are examples of physical measures that can be put in place to help provide for a safer working environment.

An employer can verify that all of these measures are in place as part of fulfilling the 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.

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

• Can you encourage them 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? For example:

• Signage that unacceptable behaviour will not be tolerated, such as posters in lifts, toilets and other communal areas.
• Security teams doing regular floor walks.
• Implementing CCTV in specific areas and monitor 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, have you cascaded that information to your own employees?
• Can they arrange meetings with tenants and users of the space to discuss their approach, share information and ensure that relevant protocols, responsibilities and reporting mechanisms are established?

Conclusion

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. Only by acknowledging and confronting these issues can coworking spaces fulfil their positive purpose of being safe, innovative, and empowering environments for all.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.