New Workplace Fairness Act establishes legal path for discrimination claims

Singapore took a significant step towards strengthening workplace protections on November 4 as Parliament passed the second of two Bills establishing a legal framework for employees to seek redress for discrimination, while introducing measures to guard against frivolous claims.

The first Bill, passed on January 8, defined protected characteristics and outlined employers’ obligations. With the latest passage, the Workplace Fairness Act (WFA) is now slated to take effect by the end of 2027, in line with the previously announced 2026-2027 launch window.

Speaking in Parliament, Manpower Minister Dr Tan See Leng highlighted the importance of preparation for successful implementation. “We have heard feedback from various stakeholders. (The Ministry of Manpower) recognises that ample preparation is critical for successful implementation,” he said, noting that lead time allows employers to review internal processes and employees to understand their rights and what constitutes a legitimate discrimination claim.

The second Bill—previously known as the Workplace Fairness (Dispute Resolution) Bill—sets out claim limits and identifies the entities involved at each stage of dispute resolution. It complements the earlier legislation, which prohibits discrimination based on age; nationality; sex, marital or pregnancy status and caregiving responsibilities; race, religion, and language; and disability or mental health conditions.

Dr Tan emphasised that the law encourages amicable resolution, starting with organisations’ internal grievance-handling mechanisms before progressing to mediation. Only if mediation fails may cases be escalated to the Employment Claims Tribunals (ECT) or, in exceptional cases, the High Court.

To handle complex, higher-value disputes—claims above S$30,000—the government will appoint additional mediation service providers, such as the Singapore Mediation Centre. Currently, the Tripartite Alliance for Dispute Management (TADM) manages compulsory mediation for salary and unfair dismissal claims up to S$20,000, or S$30,000 for unionised employees. TADM mediators will receive specialised training in mediation approaches, inclusivity, and sensitivity. Higher-value claims will require mediators with legal qualifications or relevant experience in employment disputes.

READ MORE: No AI boss: Employees in Singapore demand human leadership despite tech embrace

The ECT’s jurisdiction will also expand to hear workplace discrimination claims of up to S$250,000, ensuring that most cases, including those involving professionals and executives, can be resolved affordably and swiftly. Dr Tan clarified that claims above this threshold would go to the High Court with legal representation, although such cases are expected to be rare. He noted that most ECT cases are resolved within six months, compared with 18 months for employment-related cases in the State Courts.

Addressing concerns about frivolous claims, the WFA allows judges to strike out meritless cases and award costs against claimants who persist with unsubstantiated claims. Individuals may also face investigations for abusing court processes and restrictions on filing further proceedings. The Ministry of Manpower will work with tripartite partners to ensure claim amounts are reasonable and supported by evidence.

Dr Tan also highlighted ongoing education and outreach efforts for both employers and employees, including a forthcoming handbook illustrating the law’s provisions through case studies, reported The Straits Times.