Fair Play at Work: Unpacking Singapore's Workplace Fairness Act

Imagine a workplace where everyone has an equal chance to thrive, regardless of background. That is the vision behind Singapore’s Workplace Fairness Act (WFA), passed on 8 January 2025. While much of it echoes familiar principles from the Tripartite Guidelines on Fair Employment Practices (TGFEP), the WFA formalises these into legally enforceable obligations.

Key Employee Protections

The WFA prohibits employers from making employment decisions that adversely affect an individual on the basis of any protected characteristic at any stage—hiring, employment, or dismissal.

The “protected characteristics” include:

1. Age
2. Nationality
3. Sex (not including sexual orientation/gender identity), marital status, pregnancy status (including past, current or intended pregnancies), and caregiving responsibilities
4. Race, religion and language
5. Disability and mental health conditions

Sections 18 and 19 also clarify that it is discriminatory for an employer to:

• Issue or communicate any written discriminatory instruction or policy; and/or
• Advertise jobs with explicit or implicit references to protected characteristics as requirements or disqualifiers.

Grievance Handling Requirement

Under Section 27, all employers must establish a written grievance process that:

• Inquires into and reviews each grievance;
• Informs employees of outcomes;
• Maintains written records for a stated period; and
• Protects the confidentiality of employees and related information.

Importantly, the WFA prohibits retaliation against employees who raise complaints or assist in investigations.

Small Firm Exemption

Currently, small firms (with a threshold of 25 employees) are exempted from compliance with the WFA. However, this does not mean that their employees are unprotected and free to be subjected to discrimination. All firms are still expected to abide by the TGFEP, and employees facing discrimination may still have recourse. The government has also clarified its plan to review this exemption within five years after the commencement of the WFA.

Exceptions to Discrimination

• Genuine Job Requirements. Section 20 of the WFA provides that discrimination is permissible when a protected characteristic is a genuine and necessary requirement for a job (i.e., essential for the performance of the job, to preserve the health or safety of the individual or others, to preserve standards of privacy, or is required under any written law).
• Age-Related Exceptions. Section 21 allows employers to prefer older workers.
• Nationality-Related Exceptions. Section 22 recognises Singapore’s employment policies prioritising citizens and permanent residents.
• Disability-Focused Exemptions. Section 24 allows employers to prioritise candidates with disabilities.

Penalties

In general, any discriminatory act falling within the scope of the WFA constitutes a civil contravention. The WFA establishes enforcement mechanisms, with penalties proportionate to the gravity of the breach. These penalties are broadly classified into two categories:

• Administrative Penalties. These apply to less severe offences, such as failure to keep grievance records. Upon conviction:
  • Corporate entities: Up to S$5,000 for a first breach, S$10,000 for subsequent ones.
  • Individual employers: Up to S$2,500 in fines, six months’ imprisonment, or both.
• Serious Civil Penalties. These target systemic breaches such as retaliatory dismissals. Penalties, which only courts may impose, include:
  • Corporate entities: Up to S$50,000 for a first order, and up to S$250,000 thereafter.
  • Individual employers: Up to S$10,000 for a first offence, S$50,000 for later ones.

However, the government has indicated it will adopt an education-first approach to guide non-compliant employers towards rectification, reserving penalties for more egregious cases.

Practical Steps for Employers

1. Updating Policies and Procedures. Align your anti-discrimination and HR policies with the WFA. Ensure your grievance-handling procedures are clearly documented and accessible.
2. Building Awareness and Capability. Equip HR and management teams with the knowledge to understand and apply the WFA. Offer training on fair employment practices and addressing unconscious bias.
3. Monitoring Employment Practices. Conduct regular internal reviews of hiring, promotion, and termination practices. Standardise criteria and processes to promote fairness and reduce risk.
4. Enhancing Transparency and Accountability. Document all key employment decisions clearly. Use objective and measurable criteria when evaluating employees for performance reviews or advancement.

Employers can also tap into resources provided by the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP), such as policy templates and online courses.

Conclusion

The WFA marks a significant step in formalising Singapore’s commitment to workplace fairness. But, for most responsible employers already following the TGFEP, the shift will not require major overhauls. Instead, the WFA provides a clearer legal framework with enforcement mechanisms that support inclusive employment practices.

For workers, the WFA is a shield, ensuring talent is what matters. For employers, it is a chance to build a strong, diverse team without legal trouble. For Singapore, it is about creating a workplace culture that is fair and welcoming for all.