Latest news with #RaceDiscriminationOrdinance


South China Morning Post
6 hours ago
- Business
- South China Morning Post
Facing racial discrimination in Hong Kong? Here's what you need to know
A former HSBC employee last week sued the bank for alleged racial discrimination, maintaining that he was ultimately sacked, among other instances of mistreatment, because of his black heritage, bringing the topic into the media spotlight. Advertisement Former senior business analyst Robert Ngugi Tomkinson claimed an unspecified amount of damages for reputational damage, emotional distress and financial loss from HSBC Global Services (Hong Kong), with the legal action under the Race Discrimination Ordinance to commence at the District Court on Friday. The Post breaks down what sort of protections Hong Kong offers against racial discrimination and looks at the challenges of trying to prove race-related unfair treatment. 1. What is the basis for Tomkinson's lawsuit? According to the writ, Tomkinson became the subject of 'sustained and differential treatment' after the arrival of a new manager in April 2024, prompting him to file a formal internal complaint five months later. In the writ, he alleged that he faced a bonus reduction, poor performance review and an early redundancy due to discrimination. An earlier internal investigation by the bank partially upheld Tomkinson's complaint after finding his manager had acted 'inappropriately', including disclosing his performance status to irrelevant third parties. Advertisement But the bank had said the probe also did not find signs of racial discrimination.


HKFP
9 hours ago
- Business
- HKFP
Ex-employee sues HSBC in Hong Kong over alleged racial discrimination after annual bonus cut, early redundancy
A former analyst at HSBC in Hong Kong has sued the bank over alleged racial discrimination, saying his Black heritage was the reason for 'differential treatment,' including a reduced annual bonus and early redundancy. Robert Ngugi Tomkinson filed a claim under the Race Discrimination Ordinance at the District Court on Friday. The former HSBC Global Services (Hong Kong) senior business analyst alleged that he was subject to 'sustained and differential treatment' starting in April last year, when he was assigned a new manager. According to the claim, Tomkinson had good performance in the company since joining in 2019 and achieved a 'top performer' designation for one year. But under his new manager, he was excluded from meetings and had his annual bonus reduced by 35 per cent, 'allegedly due to an 'off-track' performance rating.' The former analyst made a formal internal complaint in September, accusing the manager of racism. The company's investigation, which ended in February, partially upheld the complaint, concluding that the manager had acted inappropriately. However, it did not make findings of racial discrimination. The company's chief technology officer disputed the annual bonus reduction based on the performance rating, but there was no 'post-investigation correction,' according to the writ, adding that the review process was 'tainted by bias.' Tomkinson – the only Black employee in his peer group – was then made redundant two days after the investigation's conclusion, a timing that suggests a 'retaliatory motive,' according to the claim. Meanwhile, his peers with the same title and rank were retained, and those made redundant consisted primarily of contractors. His last working day at HSBC was May 12, three months after he was made redundant. 'Prejudicial decision-making' The company told Tomkinson the redundancy was because he had transferred to the procurement team, an explanation that was 'factually incorrect.' His peers who were made redundant in a second wave of redundancies in June this year were offered redeployment to other projects, while Tomkinson was not. 'This inconsistent application of selection and redeployment opportunities further raises concerns of differential and prejudicial treatment,' the writ read. Despite requests for transparency, the company did not disclose any objective redundancy selection procedures or scoring criteria, Tomkinson alleged. 'The absence of such safeguards raises concern over arbitrary or prejudicial decision-making,' the writ read. It added that Tomkinson suffered reputational damage within his professional network, emotional distress, and financial harm due to the bonus reduction and income loss. The claimant is seeking a declaration from the court that HSBC Global Services (Hong Kong) engaged in conduct unlawful under the Race Discrimination Ordinance, as well as an unspecified amount of damages. The case's first hearing will take place on October 8, according to the Judiciary's court diary.

Mint
a day ago
- Business
- Mint
HSBC's ex-employee sues office for alleged racial discrimination, seeks compensation for losses
A former HSBC employee based out of the company's Hong Kong office sued the company, alleging that he was racially discriminated against and made redundant after raising concerns to the human resources (HR) department and senior leadership, reported the news agency Bloomberg on Monday, 21 July 2025. The former employee, Robert Ngugi Tomkinson, worked as a senior business analyst at HSBC Global Services' Hong Kong office. In the lawsuit, Tomkinson claimed that in September 2024, he faced 'sustained and differential treatment' from his new manager. According to the agency report, which cites the district court documents, Tomkinson raised concerns of racial discrimination in a formal internal complaint. The report also mentions that Tomkinson was the only employee of Black heritage amongst his peers in the company. After Tomkinson raised his concerns about racial discrimination, the company conducted an internal investigation, which was 'partially upheld' on 11 February 2025. The investigation did not find any discrimination, but it concluded that Tomkinson's manager had acted inappropriately, including disclosing the former employee's compensation to irrelevant parties, according to the agency report, citing the documents. After the investigation, a 'performance improvement plan (PIP)' which was initiated against Tomkinson was not implemented and later cancelled. However, two days later, the company informed Tomkinson of his redundancy, which he claimed was a 'retaliatory motive.' The former HSBC employee is seeking compensation from the company for any losses and punitive damages under Hong Kong's Race Discrimination Ordinance laws, as per the agency report. Tomkinson did not respond to any more agency queries, and the HSBC company representative said that it is not appropriate for the company to comment on the development before the courts, according to the agency report. Tomkinson also claimed that he was excluded from meetings due to a 'baseless' PIP and suffered the loss of responsibilities. The agency report also highlighted that other employees in comparable roles and grades were not selected for redundancy in the same batch. The agency also cited that the company is undergoing an overhaul. HSBC's Chief Executive Officer (CEO), Georges Elhedery, aims to increase efficiency and streamline the institutional lender's operations.


South China Morning Post
a day ago
- Business
- South China Morning Post
Sacked HSBC analyst sues bank for alleged racial discrimination
A former HSBC employee in Hong Kong has sued the bank for alleged racial discrimination, maintaining that he was excluded from meetings, had his bonuses reduced and was ultimately sacked because of his black heritage. Advertisement Former senior business analyst Robert Ngugi Tomkinson claimed an unspecified amount of damages for reputational damage, emotional distress and financial loss against HSBC Global Services (Hong Kong) in the legal action commenced at the District Court on Friday under the Race Discrimination Ordinance. The former employee said he had consistently displayed professional conduct in his position and received favourable annual ratings since joining the bank in November 2019. According to the writ, which the Post inspected on Monday, the claimant became the subject of 'sustained and differential treatment' since the arrival of a new manager in April 2024, prompting him to file a formal internal complaint five months later. On February 11 this year, an internal investigation partially upheld Tomkinson's complaint after finding his manager had acted 'inappropriately', including disclosing his performance status to irrelevant third parties. Advertisement The bank said the investigation had not uncovered any signs of racial discrimination.