Extraterritorial Risk: Ignoring Indian Workplace Safety

It’s a common misconception: if your employees are based in India, then local Indian employment law governs their working conditions, and that’s where your responsibilities end. However, this is an outdated and dangerous mindset. If the Indian office is part of the corporate group, or the individuals are delivering services to the UK entity (even via a third-party supplier), the line becomes blurred — and so does liability.

UK-based employers have a non-delegable duty of care to all their employees, irrespective of geography, particularly when those individuals are working in support of UK business functions. If an employee in India develops a musculoskeletal condition because of an unsuitable workstation, the fact that they were not based in the UK won’t necessarily absolve the UK company of blame.

Extraterritorial Reach of UK Law

While the Health and Safety at Work etc. Act 1974 primarily applies within the UK, its Section 3 imposes a duty on employers to ensure, so far as is reasonably practicable, that their activities do not endanger the health and safety of non-employees affected by their work. Where there is a clear chain of control or influence — such as in the case of subsidiaries or controlled operations abroad — UK regulators may still take an interest.

Additionally, under the Equality Act 2010, employers are required to make reasonable adjustments for disabled employees, which can include ergonomic accommodations. This requirement can apply to overseas workers who are employed directly by a UK entity or who are operating under UK-based terms and conditions.

Common Legal Risks from Workplace Neglect

Neglecting workplace safety in India can trigger a range of legal and commercial consequences:

• Litigation: Claims may be brought in UK courts under personal injury law or breach of contract, especially if the employee was working under UK management structures.
• Reputational Damage: Social media and global news networks make it easy for stories of neglect or unequal treatment to spread. A visible double standard between UK and Indian offices can severely damage employer branding.
• Contractual Liability: If poor working conditions in India result in service delivery failures or reputational fallout, the UK parent company may be in breach of client or shareholder obligations.
• Employment Tribunal Claims: If the affected worker is on a UK contract or employed under UK employment law principles, they may be eligible to pursue a claim in a UK tribunal.

Precedents Are Emerging

We are seeing more cross-border claims arise from workplace negligence in offshore locations. Though few have yet reached high-profile verdicts, settlements are becoming more common — and regulators are watching. The HSE (Health and Safety Executive) and other watchdogs are increasingly scrutinising global operations, particularly in sectors such as tech, finance, and customer service, where remote and international workforces are the norm.

A Preventative Approach Is the Only Sensible Option

The good news is that this risk is entirely manageable — and proactive steps go a long way. Employers must begin by ensuring parity in workplace assessments across all locations. Display Screen Equipment (DSE) assessments, for instance, should not stop at the UK border. Indian offices should be included in all global wellbeing and risk reviews.

This is where trusted partners can make a real difference. One standout example from my recent advisory work is WorkplaceAdjustments.in. They have proven highly effective in aligning Indian workplace safety standards with UK legal expectations. Their expertise in ergonomic solutions, combined with a robust understanding of both Indian and UK regulations, allows employers to implement reasonable, locally sourced, and legally compliant adjustments.

By bridging the compliance gap, they help mitigate risk, support employee health, and reinforce the principle of equal treatment — regardless of location.

In an age of global workforces, the law is catching up with geography. UK employers must treat Indian offices not as an exception but as an extension of their legal and ethical responsibilities. Ignoring workplace safety abroad is not just a question of comfort — it is a legal risk that can, and does, backfire.

Investing in consistent, compliant workplace practices globally is no longer optional. It’s a legal imperative.