Singapore’s most significant workplace legislation in a generation — the Workplace Fairness Act (WFA) 2025 — creates statutory protection against employment discrimination for the first time in Singapore’s history. Where the previous regime relied on the Tripartite Guidelines on Fair Employment Practices (TGFEP) as a voluntary framework, the WFA imposes legally enforceable obligations on employers and gives employees a direct right of recourse.

For directors, management and company secretaries, the WFA demands more than updated HR policies. It requires active governance, documented processes and board-level accountability. This guide explains the Act, what it means for your organisation and the practical steps you need to take.

From Guidelines to Law: What Changed

Since 2006, Singapore employers have been guided by the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) and the TGFEP. These guidelines promoted fair hiring, merit-based employment decisions and anti-discrimination practices. Compliance, however, was largely voluntary and enforcement was limited to naming and shaming in egregious cases.

The WFA 2025 changes the legal landscape fundamentally. Key shifts include:

  • Employment discrimination becomes a statutory offence, not merely a breach of guidelines
  • Employees gain a direct right to bring a claim before the Employment Claims Tribunal (ECT)
  • Employers must have a formal grievance-handling process — absence of one is itself a breach
  • MOM’s Employment Inspectorate has formal investigation and enforcement powers

Protected Characteristics Under the WFA

The WFA prohibits discrimination based on the following protected characteristics:

  1. Age
  2. Nationality
  3. Sex (including marital status, pregnancy status and breastfeeding status)
  4. Caregiving responsibilities
  5. Race
  6. Religion
  7. Language
  8. Disability
  9. Mental health conditions

Discrimination based on any of these characteristics is prohibited across the entire employment lifecycle — from job advertisements through to dismissal and post-employment references.

Employment Decisions Covered

The WFA applies to the following employment decisions:

  • Recruitment — job advertisements, shortlisting, interviews, selection and offers
  • Terms of employment — salary, benefits, working hours and conditions
  • Promotion and training — opportunities for advancement and skill development
  • Retrenchment — selection criteria for redundancy exercises
  • Dismissal — grounds and process for termination

Core Employer Obligations

1. Merit-Based Hiring

All recruitment decisions must be based on merit — skills, qualifications and experience relevant to the role. Employers must be able to demonstrate this if a complaint is filed. Job advertisements must not indicate preferences or requirements based on protected characteristics.

Examples of non-compliant practices include advertising for candidates of a particular age bracket, indicating gender preferences, or shortlisting only Singapore citizens or permanent residents without objective justification.

2. Equal Terms and Conditions

Pay, benefits and working conditions must not be differentiated on the basis of protected characteristics. Employers must review pay structures to ensure any gaps between groups of employees are explained by genuine, objective factors such as performance, experience or qualifications — not by age, gender or nationality.

3. Grievance Handling Process

This is one of the most operationally significant requirements. Employers must establish and maintain a documented grievance-handling process that covers:

  • How employees can raise a discrimination complaint
  • Who is responsible for handling complaints
  • Timelines for acknowledging and resolving complaints
  • How investigators are appointed and how impartiality is maintained
  • Appeals process
  • Protection for complainants against retaliation

Failure to have such a process — or to follow it once established — can be cited against an employer in enforcement proceedings.

4. Record Keeping

Employers must maintain records of employment decisions to allow for scrutiny if a complaint is made. Recruitment records — including applications, shortlisting rationale, interview notes and outcome decisions — should be retained for at least two years. Pay and performance records should also be maintained.

Enforcement, Remedies and Penalties

The WFA creates a tiered enforcement mechanism:

  • TAFEP receives complaints and can facilitate early conciliation
  • MOM’s Employment Practices Inspectorate can investigate employers, issue rectification directions and impose financial penalties
  • Employment Claims Tribunal (ECT) hears civil claims by affected employees, with powers to award compensation and reinstatement
  • In the most serious cases, criminal prosecution with fines and imprisonment is possible

MOM may also impose debarment — restricting the employer’s access to work passes or government contracts — as an additional sanction for persistent breaches.

Implications for Directors and Boards

The WFA places governance obligations on boards and directors that go beyond simply instructing HR to update policies:

Policy approval: The board should formally adopt a Fair Employment Policy and ensure it is communicated throughout the organisation.

Oversight: Directors should receive periodic reports from management on the number and outcome of discrimination complaints, ensuring systemic issues are identified and addressed.

Risk management: Employment practices risk should be included in the company’s risk register. Material WFA-related incidents may require disclosure in annual reports or investor communications.

Director liability: Where a breach is committed with the consent, connivance or neglect of a director, that director may be personally liable. Directors should not simply delegate compliance and move on.

The Company Secretary’s Role

Company secretaries play a pivotal role in WFA compliance:

  • Briefing the board on WFA obligations and timelines
  • Drafting board resolutions approving the Fair Employment Policy and grievance-handling procedures
  • Supporting management in documenting policies in a board-approved format
  • Flagging WFA risks in corporate governance reviews
  • Ensuring the policy is reviewed at regular intervals and updated as the law evolves

Practical Compliance Checklist

Use the following checklist to assess your organisation’s readiness:

  • ☐ Board has formally adopted a Fair Employment Policy
  • ☐ Job advertisement templates have been reviewed and updated
  • ☐ Recruitment processes document the basis for shortlisting and selection decisions
  • ☐ Employment contracts are free of discriminatory terms
  • ☐ Pay structures have been audited against protected characteristics
  • ☐ A formal written grievance-handling procedure is in place and communicated to all employees
  • ☐ HR staff and line managers have been trained on protected characteristics
  • ☐ Recruitment and employment records are being retained for at least two years
  • ☐ Complaints received are tracked, investigated and resolved within defined timelines
  • ☐ Board receives periodic updates on employment practices compliance

Need help reviewing your employment policies or preparing your board for WFA compliance? Contact our corporate services team at [email protected] or WhatsApp us at +65 8501 7133.

— The Editorial Team, Raffles Corporate Services