Employment partner at Lewis Silkin outlines how employers can prevent legal risks and foster a respectful workplace culture
A recent survey reported by the South China Morning Post in March 2025 found that one in three women in Hong Kong experienced sexual harassment in the workplace over the past three years, yet the majority chose not to report it.
The most common reasons: fear of career repercussions or resignation that inappropriate behaviour is simply the norm.
This data underlines a deeper challenge in today’s workplaces: legal protections alone are not enough. When employees don’t feel safe or supported in raising concerns, the framework meant to protect them falters.
Employers who rely solely on statutory compliance may inadvertently allow harmful behaviours to persist. Thus, workplace respect is increasingly being seen as a performance and reputational imperative.
Catherine Leung, partner and head of employment at Lewis Silkin Hong Kong, shared with HRD Asia how employers can apply legal principles, internal structures, and leadership accountability to build a culture that retains top talent and protects against avoidable disputes.
Respect at work underpins trust and engagement, and Hong Kong's legal framework offers statutory protection for specific characteristics.
As Leung explains, discrimination and harassment are unlawful when based on characteristics such as sex (including pregnancy and breastfeeding), disability, race, and family status.
However, attributes such as age, religion, political opinion, sexual orientation, and gender identity are not currently protected under existing anti-discrimination legislation.
“There is also no specific anti-bullying law in Hong Kong,” Leung notes. Still, she stresses that employers have a common law duty of care to prevent mistreatment.
“Even if bullying or hostility doesn’t breach statutory provisions, it can still erode morale and productivity. That alone should prompt employers to act.”
Moreover, companies often overlook their implied obligations. “Employers must not act in ways that destroy the mutual trust and confidence in the employment relationship,” she says. Where these conditions are breached, claims may arise, even without a legal breach tied to a protected characteristic.
Not all complaints will involve legally protected traits, but that doesn't mean they lack significance. Leung advises HR leaders to begin by asking whether the issue relates to a protected characteristic. If so, legal risks are immediately in play.
“But if it doesn’t, don’t dismiss it outright,” she warns. “It could still reflect deeper organisational issues.”
Recurring reports of condescending communication or exclusion may not meet legal thresholds but can indicate entrenched problems.
“If employees say their manager throws files at them for example, or speaks harshly, it may be a sign of broader breakdowns in workplace culture,” Leung explains.
“HR must look beyond the individual incident and evaluate whether a structural response is required… Like team interventions or improved leadership training.”
Open dialogue and proactive intervention are key to avoiding escalation. “You want line managers to spot and de-escalate tension before it becomes a grievance. That’s a skill worth building.”
When it comes to harassment or discrimination, Leung reminds employers that these concepts have precise definitions under Hong Kong law.
“You can’t just use terms like harassment or vilification loosely. They carry specific legal meanings, and HR needs to understand what they are.”
HR professionals must evaluate whether a complaint involves direct or indirect discrimination, victimisation, or harassment. All are actionable if linked to a protected characteristic.
Still, even when legal definitions are not met, toxic behaviour, like exclusion or ongoing belittling, can justify HR intervention.
“Even if it’s not illegal, it might still harm the team, cause turnover, or foster disengagement,” she says.
“Early action, such as mediation or team realignment, is a practical way to manage these situations,” Leung adds.
Seemingly minor behaviour, such as being spoken to dismissively, can snowball into larger cultural problems. Leung underscores the importance of acknowledging every concern raised, even those not tied to discrimination.
“The risk of ignoring someone is that they’ll go outside the company… To regulators, lawyers, or social media.”
While certain conduct may not impose liability under the law, mishandling it can damage trust. “If someone feels repeatedly put down, it can create fear and resentment. That’s hard to undo. HR’s goal should be to promote emotionally intelligent feedback and inclusive communication.”
Leadership plays a crucial role here. “Managers need to model empathy and emotional intelligence. That sets the tone for the rest of the organisation and reduces the chance of disputes down the line.”
Although respect isn’t codified in Hong Kong’s employment laws, Leung believes it can still be embedded meaningfully into workplace policies.
“Even if it’s not a protected characteristic, you can still define what respectful behaviour looks like in your policies, and enforce it.”
She encourages employers to offer behavioural examples and link respectful conduct to both performance evaluations and disciplinary measures.
“If someone consistently disrupts team cohesion, that could amount to non-compliance with a lawful and reasonable order. You can then address it within your existing framework.”
This approach, she says, transforms respect from a vague ideal into a measurable standard. “It should not just be a slogan or poster. It has to be treated as a practical, enforceable benchmark.”
Respect-related complaints involving leadership figures demand particular care, says Leung. The reputational and legal stakes are higher, and employers must act decisively.
“Start by preserving evidence… Take notes, involve HR, and consider whether a formal investigation is needed.”
She also recommends evaluating regulatory obligations and insurance notifications when senior employees are accused of misconduct.
“If the individual holds a licensed role or belongs to a profession like law or medicine, there may be reporting duties. And depending on the claim, professional indemnity insurers might need to be informed.”
Beyond legal exposure, the company’s internal culture is on the line. “If leaders don’t embody the organisation’s values, it damages credibility. That’s why impartial investigations and, where needed, coaching for affected teams are so important.”
To make respect an organisational standard, HR must move beyond handbooks. Leung suggests starting with training programs that include real-life scenarios, roleplay, and clear escalation pathways.
“Interactive training is highly effective. When participants are engaged, they remember and apply the lessons.”
Structural accountability also matters. “Tie leadership performance metrics to how well they model respectful culture,” she advises. “If someone repeatedly fails to meet that benchmark, it should reflect in their performance review.”
This connection between culture and consequence increases the likelihood that respect will be upheld consistently. “By treating it as a collective duty, one that’s visible and measurable, you move it from policy to lived experience.”
While Hong Kong law does not explicitly address psychological safety, Leung explains that the Disability Discrimination Ordinance (DDO) offers protection.
“The DDO defines disability broadly to include mental conditions like anxiety or depression. So, if someone experiences mental distress from work, and they are treated less favourably because of it, legal protections may apply.”
Employers also have a duty to provide reasonable accommodations for staff with disabilities. “That can mean workload adjustments or support during recovery. Even without using the term ‘psychological safety,’ you can support it through existing obligations.”
Leung adds that initiatives like mental health hotlines, trained ambassadors, and manager awareness sessions can reinforce a psychologically secure environment.
One of the most common pitfalls Leung sees is the unintentional downplaying of softer complaints. “Not every concern seems serious at first, but sensitivity varies. What’s minor to one person might be very upsetting to another.”
She also urges HR teams to document all responses, whether formal or informal. “Even if it’s just a check-in or a facilitated conversation, keep records. If the issue escalates, you’ll need that paper trail to show you took the matter seriously.”
Ultimately, thoughtful handling reinforces trust and positions the employer as accountable. “If you’ve made efforts to resolve the issue respectfully, that strengthens your defence and your reputation.”
Respect is no longer just a soft skill. It’s a factor in retention, engagement, and even legal compliance. As Leung points out, workplace conduct that undermines respect can push valuable talent out the door.
“Recruiting is time-consuming and costly. It’s more efficient to build a culture that encourages people to stay,” she says. “When respect is reinforced through training, modelled by leaders, and embedded in daily interactions, it becomes part of the company’s DNA.”
For HR professionals, that means moving from policy-setting to culture-building, and ensuring respect is a lived value, not just a written one.
