Successful claims for discrimination on the basis of sex, family status, race and disability in Hong Kong can result in damages being awarded to the Claimant, including compensation for ‘injury to feelings’.
Traditionally, the English Court of Appeal’s guidelines as set out in the case of Vento v Chief Constable of West Yorkshire Police (No 2) [2003] IRLR 102 (“Vento”) have been applied in respect of the assessment of damages for injury to feelings in Hong Kong.
Vento established three ‘bands’ of potential awards for damages for injury to feelings (the “Vento Bands”):
After a consultation program and with effect from September 2017, a Presidential Guidance has been issued by the Employment Tribunals in England and Wales increasing the Vento Bands as follows (the “Guidance”):
| Bands | Prior to the Guidance |
Guidance (with effect from Sept 2017) |
| Top Band |
£19,800 - £33,000 HK$198,000 – HK$330,000 |
£25,200 - £42,000 HK$252,000 – HK$420,000 |
|
Middle Band |
£6,600 - £19,800 HK$66,000 – HK$198,000 |
£8,400 - £25,200 HK$84,000 – HK$252,000 |
| Lower Band |
£660 - £6,600 HK$6,600 – HK$66,000 |
£800 - £8,400 HK$8,000 – HK$84,000 |
We would expect the Hong Kong courts to adopt the increased Vento Bands in assessing awards of damages for injury to feelings.
It is imperative that employers ensure that they:
Taking this action will ensure that the employer will be in the best position possible to defend claims of discrimination and harassment if and when they arise.
