TDW Employment Law – 2025 End Of Year Review

The Hong Kong employment law environment remained dynamic in 2025, with important developments affecting workplace policies and liability. From landmark court decisions on discrimination and sexual harassment to proposed legislative changes and updated regulatory guidance, employers face a complex array of new considerations. This overview helps employers and employees navigate through the practical insights in understanding their rights and obligations. We also take this opportunity to highlight our ongoing commitment to client engagement through top-tiered leadership and events on these vital issues.

1. Factors in deciding damages for "injury to feelings" in discrimination cases (3 March)

This is a review of the decision in Eddie Stobart Limited v Miss Caitlin Graham [2025] EAT 14. Although not binding on Hong Kong courts, it offers a useful guidance on awarding "injury to feelings" based on the severity of discrimination. Employers are also reminded the manner in which they handle discrimination complaints may be indirect evidence to affect the level of award to be made.

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• Social media posts highlight workplace sexual harassment (11 March)

Nicknaming and comments of a sexual nature about an employee's physical appearance sparked the attention of the public and specifically the Hong Kong Equal Opportunities Commission. This article revisits the anti-sexual harassment law in Hong Kong, noting that employers, regardless of their knowledge of the harassment, can also be vicariously liable for any unlawful sexual harassment acts by its employees.

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• Legal Update: Proposed reduction on threshold on working hours for "continuous contract" (9 May)

The definition of "continuous contract" is one of the key issues in employment law as it determines whether employees are given certain statutory benefits and protections. This article outlines the reduction in what constitutes as a "continuous contract".

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• Key Employment Issues from the 2025 Policy Address (23 September)

The 2025 policy address by the Chief Executive of Hong Kong SAR referred to some upcoming changes to the local employment law. In this article we highlighted the key employment issues which employers should be aware or keep track of in the policy address.

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• Legal Update – Is stress an injury: when does 'psychiatric trauma' amount to a workplace injury? (8 October)

Through Chan Man Sau v 風采中學(教育評議會主辦 ) 法團校董會 [2025] HKDC 1354, we explore what constitutes as a mental injury to be considered as a workplace injury to claim for employee's compensation. Employers are reminded of their overall duty of care over their employees' health and safety, as well as their obligations to report to the Commissioner for Labour in the event of an "accident" as required under the Employees' Compensation Ordinance.

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• "You're married to him?!" Is it an issue for employers in making employment decisions? (13 October)

Discrimination against one's "marital status" is unlawful under the Sex Discrimination Ordinance (Cap. 480). In this article, we review the reasoning behind why being married to a specific person is not considered as discrimination against one's "marital status" through the case of Cheuk Kit Man v FWD Life Insurance Company (Bermuda) Limited and Others [2025] HKCFI 1369 and provide practical tips to employers on how to deal with termination of employment whilst minimising the risk of any unnecessary dispute.

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• Hiring Foreign Domestic Helpers in Hong Kong, Pitfalls and Misconceptions (5 November)

Foreign domestic helpers are commonly hired in Hong Kong households. In this article, we visit the legal parameters, common misconceptions and questions about employing foreign domestic helpers.

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• Working Mothers: Maternity Rights under Hong Kong Law (11 November)

Juggling between work and being a mother is never easy. In this article, we set out maternity rights and other legal protection available for working mothers.

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• "There's always someone watching" (Ocean's 11). Updated Privacy Commissioner guidance on CCTV, drone and in-vehicle camera use (10 December)

Modern technology offers convenience to modern day lives but reliance upon it also creates privacy concerns. In this article, we walk through the guidance given by the Privacy Commissions for Personal Data, the data privacy regulator in Hong Kong, on the accepted use of CCTV, drone and in-vehicle camera use (including in the employment context).

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TDW Past Events

In-House Community Congress 2025

Our partner, Mr Russell Bennett, delivered an engaging presentation on "Legal Lessons & Loopholes: Ten Key Employment Issues", offering practical insights and strategic guidance to in-house counsel navigating today's complex employment landscape.

Please see our LinkedIn post here.

The GBA Legal Compass: Navigating Employment Law Across Borders

Our partner, Mr Mark Chiu, conducted a seminar with Helena Kok of MdME and Liu Chang of Shihui Partners to explain the key characteristics in employment between different GBA areas, specifically, Hong Kong, Macau and the Mainland, in particular, the assistance of immigration policies to better integrate cooperation between GBA cities.

Please see our LinkedIn post here.

TDW Upcoming Event

Update on Employment Law: Key Changes and Updates from 2025

We are pleased to co-host an upcoming webinar with In-House Community on key employment law developments in Hong Kong over the past 12 months, from major legislative reforms to the latest case law insights.

The webinar will be held on 5 February 2026 at 2 to 3 pm. For more details and registration, please access this link.

Seminar with Control Risks: When Employees Go Rogue: Legal and Forensic Insights into Data Misuse

We are excited to announce we will also be hosting a seminar with Control Risks on 23 April 2026 on duty of confidentiality, from how to prevent, to detect, and to respond, with practical scenarios to help attendees better understand the law and steps they can take to protect themselves.

We will provide additional information as they become available.

Recognitions

We are proud to share our employment team has continued to earn several recognitions:

• Our partner, Mr Russell Bennett, has been recognised as one of the In-House Community Commended External Counsel of the Year and is a recognised partner of Labour Employment & Benefits in the latest Lexology rankings for Mainland China, Hong Kong SAR and Macao SAR.

• Our team has been ranked Band 2 in the Chambers and Partners Greater China Region 2026 guide, with our partners, Mr Russell Bennett recognised as a Band 1 Lawyer and Mr Mark Chiu as an Up and Coming Lawyer.

• Our team is also ranked Tier 2 in labour and employment in the Legal 500 Asia Pacific 2026 rankings with our partner, Mr Russell Bennett recognised as a Leading Partner.

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.