Employers’ Duties in Extreme Weather Conditions – A Timely Reminder

The recent case of Khan Farooq Ahmed v Delivery Hero Food Hong Kong Limited [2025] HKCFI 4030 (“Khan v Delivery Hero”) outlined an important concern in Hong Kong – what are employers’ duties when it comes to work during a Typhoon 8 or other severe weather conditions? In the article below, we consider the key takeaways for the case and other practical considerations.

Case background

The plaintiff was a food delivery worker employed by the defendant. His duties included using his self-owned motorcycle to deliver food orders to the defendant’s customers, notified to him via a mobile application on his phone. Riders employed by the defendant had all signed an “Amendment to Employment Contract” (the “Amendment”) provided by the defendant where they agreed to “deliver under black rainstorm and typhoon signal no.8,”  as well as to“continue [deliveries] under [black rainstorm and typhoon signal no.8]”.

On a regular workday in mid-August 2020, the plaintiff began his work shift in the evening. At around 9:00 pm, the defendant sent a message to all riders via Telegram, communicating that the typhoon signal No.8 was due to be issued soon; a further message was sent at around 10:45 pm confirming that the typhoon signal No.8 had been issued, and communicated “if you are delivering orders at the moment, please decide whether you can continue to complete that order based on your safety.”

Despite the above, the plaintiff took up and completed an additional 3 orders. By the time he was finished, the typhoon signal No.8 had been issued for almost 20 minutes. As the plaintiff was heading home, he injured himself in a traffic accident (that did not involve other vehicles) – he was allegedly blown off balance by a strong gust of wind, whereupon he fell onto the road and injured his back, his knee, and his hand.

In essence, the plaintiff’s case was that the defendant had operated an unsafe system of work by expecting any order accepted by employees to still be fulfilled and completed while the signal was in force, per the Amendment.

Court’s ruling

The Court found that the defendant had unlawfully exposed the plaintiff to a risk of injury when expecting and/ or requiring them to work even after the typhoon signal No.8 was issued. The defendant’s argument that the plaintiff was at liberty to not accept an order during peak hours was dismissed, as it was “in direct conflict with the terms of the Amendment” put in place by the defendant.

In making its ruling, the Court referenced the Labour Department’s Code of Practice in Times of Adverse Weather and “Extreme Conditions” (available here) (the “Code”). The key excerpts identified by the Court were:-

• “If employees have to work in times of adverse weather and “extreme conditions”, employers should develop a safe system of work and provide employees with the necessary work equipment such as communication system [sic] and suitable personal protective equipment” (page 11)*; and

• Upon adverse weather or “extreme conditions” during work, “Employees should suspend all outdoor work in exposed areas immediately and take shelter in a safe place if they are endangered by adverse weather or “extreme conditions” (page 12)**.

The Court ruled that when the defendants asked the plaintiff and other employees to sign the Amendment, it had essentially attempted to “get around the Code” and was in “clear breach” of it. It found the defendant liable for causing the accident and the resulting injuries that the plaintiff sustained.

Employer’s Duties

Khan v  Delivery Hero is a reminder to employers that, at both common law and statute via the Occupational Safety and Health Ordinance (Cap. 509), employers owe a duty to take reasonable care for their employees’ safety. In summary, employers are required to:-

• provide a safe place of work;

• provide a safe system of work, and effective supervision;

• prove that the system they put in place was effective at the time of any occurring accident; and

• not delegate these duties – the employer, specifically, must provide the above (employees cannot be expected to lay down and operate a system by themselves).

Employers should also give due consideration to the provisions in the Code even though it does not have direct legal effect. Khan v Delivery Hero clearly demonstrates that the Court will take the Code into consideration when ruling on employer’s duties and liabilities in adverse weather conditions.

Practical steps for Employers

In adverse weather conditions or “extreme conditions,” employers should:-

• refer to the principles, framework, reference guidelines, and relevant ordinances stated in the Code when designing work arrangements for adverse weather conditions;

• specify in advance the employees and designated staff required to work under adverse weather conditions;

• ensure such staff have necessary equipment and facilities to work safely;

• do timely and realistic assessments of whether there is any need for employees to report for duty at all;

• ensure all employees are aware of and have agreed to the arrangements; and

• arrange for release of non-specified and non-designated employees from workplaces before the official adverse weather condition signals are launched.

Employers should also be sympathetic to circumstances faced by individual employees and regularly consult staff and review arrangements for adverse weather conditions. Priority consideration should be given to employees with special needs (e.g. pregnant disability, living in faraway areas or with limited public transport etc.)

Russell Bennett

For more information on the above or any other enquiries, please contact Russell Bennett or Mark Chiu.

Russell Bennett

Partner | Email

Mark Chiu

Partner | Email

Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.

* ** Identified in [2025] HKCFI 4030 as pages 20 and 21 respectively; the Code has since been updated, and this article refers to the updated pages.