Workplace Fairness Act To Take Effect End Of 2027

Singapore has taken a significant step toward strengthening protections against workplace discrimination with the passing of the second Workplace Fairness bill on 4 November 2025. Together with the first bill, which was passed in January 2025, the Workplace Fairness Act (WFA) is expected to come into force at the end of 2027, later than the initial estimate of 2026-2027.

Background and Legislative Framework

The WFA comprises two bills:

• The first, passed in January 2025, outlines the scope of protection against workplace discrimination, employer obligations and mechanisms for addressing breaches.
• The second, recently passed on 4 November 2025, sets out the procedural rights and processes for individual employees to seek redress for workplace discrimination by bringing a private action for a statutory tort of discrimination.

Protected characteristics

The WFA prohibits employers from making employment decisions that adversely affect an individual on the basis of any of the following protected characteristics at any stage of an individual's employment lifecycle including pre-employment (hiring), in-employment (promotion and appraisals) and end-employment (termination), unless a relevant exception under the WFA applies:

• age;
• nationality;
• sex (excluding sexual orientation or gender identity)
• marital status;
• pregnancy;
• caregiving responsibilities;
• race;
• religion;
• language ability;
• disability; and
• mental health.

An employer who commits a discriminatory act falling within the scope of the WFA commits a civil contravention. Depending on the severity of the civil contravention, the Ministry of Manpower can:

• give directions to employers to rectify breaches and prevent future recurrence - notably, failure to comply with such directions without reasonable excuse constitutes an offence under the WFA. Employers who disregard directions given by the Ministry of Manpower may face criminal penalties, including fines and/or imprisonment.
• impose financial penalties by way of contravention notices;
• file a civil lawsuit against employers, which if successful may lead to higher financial penalties being imposed by the courts.

Exceptions to discrimination

While the WFA prohibits adverse employment decisions based on protected characteristics, it recognises that certain circumstances may justify differential treatment. These lawful exceptions include:

• genuine job requirements: If a protected characteristic is essential for the job, it is not deemed discriminatory (eg, hiring an individual for the role of translator based on their language ability would not be deemed discriminatory).
• age: Employers may favour older candidates over younger ones. This aligns with national efforts to support senior employment and allows for age-specific job advertisements or policies, provided they are consistent with the intent of the WFA.
• citizenship: Employers may prefer Singapore citizens or permanent residents in hiring or other employment decisions.
• religion: Religious organisations may restrict employment to individuals who are members of that religion, particularly for roles that involve religious instruction or leadership.
• disability: Employers may favour individuals with disabilities in hiring decisions (ie, choosing a disabled candidate over an abled one is not considered discriminatory).

Grievance Handling

Under Section 27, all employers must establish a written grievance process under which the employer commits to:

• inquire into and review each grievance raised by an employee;
• inform the employee of the outcome of the grievance process in writing;
• maintain written records of each inquiry and review for a specified period; and
• ensure that grievance-related information (including the identity of any employee raising the grievance) is not disclosed, except where reasonably necessary.

The WFA also prohibits retaliation against any employee who raise a grievance or assists in the grievance process.
Dispute Resolution Framework
Part 7A of the WFA introduces a three-tiered framework designed to facilitate the amicable, accessible, and timely resolution of workplace discrimination disputes. Under this framework, parties are encouraged to reach amicable resolutions amongst themselves before escalating to formal adjudication:

1. Internal grievance process: An individual who is the subject of workplace discrimination should first raise the matter internally through their employer's grievance handling process.
2. Mediation: If the dispute is not resolved internally amongst parties, the parties can proceed to mediation facilitated by the Tripartite Alliance for Dispute Management (TADM).
3. Adjudication: Where mediation fails, the individual may initiate a private action for the statutory tort of discrimination. The appropriate forum depends on the quantum of the claim:

• claims up to SGD 250,000 will be heard by the Employment Claims Tribunal (ECT); and
• claims exceeding SGD 250,000 will be adjudicated by the General Division of the High Court.

Key Takeaways

The WFA represents a major evolution in Singapore's employment landscape. By codifying anti-discrimination protections and formalising dispute resolution, it aims to foster a more equitable and inclusive workplace environment. Employers—particularly those with 25 or more employees—should begin reviewing their internal grievance procedures and ensure they are aligned with the upcoming requirements. Smaller firms, although initially exempt, are encouraged to adopt fair practices in anticipation of future reviews.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.