Ex-employee sues HSBC in Hong Kong over alleged racial discrimination after annual bonus cut, 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.
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