The Hong Kong Equal Opportunities Commission (“EOC”) has published a Practical Guide for Employers on How to Support Employees with Dementia at Work (“Guide”) with a view to raise awareness about dementia at work and provide guidance on how employers may support employees with dementia. In this article, we summarise why understanding dementia at work is important and how employers can ensure that an inclusive workplace is maintained.

An aging workforce

Like many economies, Hong Kong faces an aging population. It is estimated that the proportion of elderly persons aged 65 and over will increase from 20.5% in 2021 to 36% in 2046. 

An aging population in turn means an aging workforce. As the number of older employees increase, employers need to be more aware of the challenges faced by older employees and be prepared to adapt workplace practices to ensure that their needs are taken care of.

One of the challenges that older employees tend to face are issues related to their health. In particular, the number of people being diagnosed with dementia is on the rise, with many experiencing symptoms before 65 years of age.
In order to provide support to employees with dementia, it is important for employers to understand what dementia is and how this may affect an employee at work.

Dementia

Dementia is a broad term that covers several syndromes involving the degeneration of the brain, of which Alzheimer's disease is the most common. Some of the challenges faced by people who have dementia include difficulties in memory, thinking and communication. For example, a person with dementia may tend to ask the same question several times as they tend to forget that they have already asked the question before.

The law

Employees with dementia are protected from disability discrimination under the Disability Discrimination Ordinance. It is unlawful to discriminate an employee who has dementia. In Hong Kong, employers have a legal obligation to provide reasonable accommodation with dementia so long as such reasonable accommodation does not impose an unjustifiable hardship on the employer.

There is a myth that employees who have dementia are no longer capable of working. It is important to remember that terminating the employment of an employee on the ground that they have dementia is unlawful. Employers should try to understand the circumstances and needs of the employee and consider whether any reasonable accommodation could be put in place to support the employee to do their job. 

It is also worth noting that employees who care for an immediate family member with dementia are protected from family status discrimination. Under the Family Status Discrimination Ordinance, it is unlawful to discriminate an employee on the ground that they have to take care of an immediate family member. Therefore, employers need to be mindful of their obligations not to discriminate against employees who are carers as well.

Practical tips 

Set out below are some tips provided by the Guide for promoting an inclusive workplace for employees who have, or need to care for someone with, dementia, along with some of our suggestions:

1. Open communication

It is important to first listen to the employee. Allow the employee to explain their circumstances, through which an employer would have a better understanding of the employee’s needs. Do not rush the conversation. When asking questions, allow time for the employee to process the question and respond. The conversation should take place in a suitable setting – noisy and public spaces should be avoided.

2. Work arrangements
Employers should seek to understand what arrangements the employee may need to support them to do their job. For example, if the employee has disclosed that they are experiencing difficulties with remembering to do certain tasks, the employer may wish to explore with the employee whether incorporating additional reminders would be helpful to the employee. Some adjustments may need to be agreed with the employee to minimize disability discrimination risk, for example, adjustments to work duties or working hours.

3. Supporting carers

Caring for a family member with dementia can be challenging. Due to the nature of dementia, carers often have to manage sudden and unpredictable situations. When an employee is a carer, it can be quite stressful for the employee. If the employer operates an employee assistance program, it may be worth reminding the employee that this support is available to them if needed and how to access it. Employers may also consider providing flexible work arrangements or additional time off to facilitate the employee in managing sudden and unpredictable situations.

4. Legal advice
If it becomes relevant to consider whether to separate with an employee with dementia or who is caring for a family member with dementia, employers are strongly encouraged to first seek legal advice on how to manage the exit lawfully and to mitigate the risk of discrimination claims before making any decisions.

How we can help

We would be pleased to review your employment handbook/policies to ensure that it addresses discrimination against employees, and carers of persons, with dementia or other protected characteristics, and advise you on questions you may have about your obligations under Hong Kong’s discrimination ordinances in relation to employees with dementia or other protected characteristics. Feel free to reach out.

Authors