With the Workplace Fairness Act (WFA), Singapore has taken a step forward by codifying anti-discrimination principles into law. This article explores key aspects of the WFA including scope, protections, prohibited conduct and dispute resolution mechanisms.
Effective date
While the WFA was passed by the Parliament on 8 January 2025, it is expected to be implemented by the end of 2027, allowing employers time to align their practices with the new legal requirements.
Coverage
Matthew Teo
Director and the head
of employment
Helmsman
The WFA applies to employees and job applicants working under a contract of service. It covers both public and private sector employers, with a few exceptions: (1) employers with fewer than 25 employees are currently exempt; and (2) certain individuals are excluded, including seafarers, domestic workers, self-employed individuals, freelancers and platform workers. This scope ensures that the majority of Singapore’s workforce is protected while allowing flexibility for small businesses.
Protected characteristics
The WFA introduces 11 protected characteristics: (1) age; (2) nationality; (3) sex; (4) marital status; (5) pregnancy; (6) caregiving responsibilities; (7) race; (8) religion; (9) language ability; (10) disability; and (11) mental health condition.
Prohibited actions
Irvin Ho
Associate
Helmsman
The WFA makes it unlawful for employers to make adverse employment decisions based on protected characteristics. Prohibited actions include:
(1) Discrimination against individuals.
Employers are prohibited from making an employment decision that adversely affects an individual on the grounds of a protected characteristic of the individual.
(2) Discrimination by direction, instruction or policy.
Employers are prohibited from issuing, communicating or publishing any discriminatory direction, instruction or policy in writing. This includes instructions given to employees to make, on behalf of the employer, any employment decision that adversely affects an individual, or such employment decisions generally, on the grounds of any protected characteristic.
(3) Discrimination by advertisement or description.
Employers are prohibited from publishing or causing to be published in Singapore a job advertisement or description that mentions expressly or by implication a protected characteristic as a condition, criterion, requirement, advantage, disadvantage or disqualification for employment.
There are, however, limited exceptions. One example is where the protected characteristic may be a genuine requirement of the job. It may be a genuine requirement of the job if, for example, the job cannot be reasonably performed by an individual unless the individual has (or does not have) that protected characteristic.
The WFA also allows employers to favour older workers and give preference to Singapore citizens and permanent residents in employment decisions, among other exceptions. The legislation also prohibits employers from retaliating against employees who report workplace discrimination. This would include dismissing an employee, deducting the employee’s salary, refusing to offer an employment assistance payment, and refusing to offer re-employment.
Dispute resolution
To complement the WFA, the Workplace Fairness (Dispute Resolution) Bill was introduced on 14 October 2025. This bill sets out a process for individuals to file claims against employers in cases of workplace discrimination. It establishes a statutory tort of discrimination, addressing a legal gap by providing individuals with a direct avenue to seek remedies from employers for harms arising from workplace discrimination.
In sum, a three-tiered approach is adopted.
(1) Internal grievance handling.
Employees should first raise concerns through the employer’s internal grievance procedure. This encourages resolution within the organisation and maintains working relationships. An employer must also inform all its employees in writing of its internal grievance procedure.
(2) Mediation.
If internal efforts fail, parties must attempt mediation, which is a confidential process aimed at reaching a mutually agreeable outcome. In this regard, parties must attend mediation before proceeding to adjudication.
(3) Bringing a claim.
As a last resort, unresolved claims may proceed to formal adjudication. Claims involving workplace discrimination will be heard by the Employment Claims Tribunal (ECT) for amounts up to SGD250,000 (USD191,600). The ECT operates under simplified procedures, and legal representation is not permitted, making it more accessible for individuals without legal training. For claims exceeding SGD250,000, the matter will be escalated to the High Court, where legal representation is allowed and formal court procedures apply.
With the WFA expected to take effect within the next few years, employers should begin reviewing their HR policies, training managers, and implementing proper grievance handling frameworks.
Matthew Teo is a director and the head of employment, and Irvin Ho is an associate at Helmsman in Singapore
HELMSMAN
21A Duxton Hill
Singapore 089604
www.helmsmanlaw.com
Contact details:
T: +65 6978 2078
E: matthew.teo@helmsmanlaw.com
E: irvin.ho@helmsmanlaw.com
