Singapore’s employment landscape has seen several significant changes in recent times, with one highlight being the passing of the Workplace Fairness Bill on 8 January 2025 (the “WF Bill“). The WF Bill introduced substantive protections against discrimination in employment, codifying into law and strengthening the obligations that previously existed under guidelines issued by the Tripartite Alliance for Fair Employment Practices, a tripartite agency comprising the Singapore Ministry of Manpower (the “MOM“), the National Trades Union Congress, and the Singapore National Employers Federation. For further details on the provisions of the WF Bill, please see our article from earlier this year.

At the time, the MOM signalled that a second Bill would set out claims procedures and implement amendments to the Employment Claims Act 2016. Following a public consultation, on 4 November 2025, the Workplace Fairness (Dispute Resolution) Bill (the “DR Bill“) was passed in Parliament. It forms the second part of the broader Workplace Fairness Act 2025 (the “WFA“), which will consolidate both the WF Bill and the DR Bill once enacted. Combined, the two Bills establish Singapore’s first unified framework addressing workplace discrimination, which is anticipated to come into force towards the end of 2027. In this update, we review the dispute resolution process set out in the DR Bill and highlight practical aspects that employers and employees should know.

Once in force, the DR Bill will introduce civil actions for a statutory tort of discrimination – setting out the statutory framework for how individuals may lodge and resolve workplace discrimination claims. It aims to provide a fair, accessible, and expeditious pathway for resolving workplace disputes and is guided by three principles: (i) enabling parties to resolve disputes amicably among themselves; (ii) providing accessible, expeditious and just resolution of claims while deterring frivolous claims; and (iii) maintaining workplace harmony and preserving social cohesion.

Who can bring an action for discrimination?

Under the DR Bill, an individual who is the subject of an alleged discriminatory employment decision may bring an action. This includes not only employees but also jobseekers who have applied for a position (collectively, “claimants“).

What steps must a claimant take to bring an action for discrimination?

The DR Bill envisages the following process for handling a workplace fairness dispute:

Internal grievance-handling process – Once a complaint has been filed with the employer, the MOM encourages parties to first make use of the employer’s internal grievance-handling process.

It is worth noting that while employers are required to have this process in place per the WFA, the DR Bill does not require it being utilised as a precondition for subsequent steps.

Furthermore, the WFA voids any term of a contract of service or collective agreement that would preclude a person from “bringing an action for discrimination, submitting a mediation request, making a complaint or allegation, raising a grievance, or appealing against any decision of a court or authorised officer”. Thus, an employer may not preclude an employee from taking further steps even if the employee does not go through the employer’s internal grievance-handling process first. It remains to be seen how many claimants will choose to make use of their employer’s internal grievance-handling process or to bypass it altogether at the onset and apply directly for mediation to the Commissioner for Workplace Fairness.

Mandatory mediation – Before bringing an action for discrimination, the WFA requires that a claimant must submit a mediation request to the Commissioner for Workplace Fairness.

Commencement of an action for discrimination – If mediation is unsuccessful, a claimant may commence their claim before either the Employment Claims Tribunal or the High Court, depending on the claim amount.

What is the process for mediation?

A claimant must submit a request to the Commissioner for Workplace Fairness to mediate every workplace fairness dispute where the claimant intends to bring a claim. The mediation request must be made in the prescribed manner, within the applicable timeframes, and accompanied by the prescribed fee. If the mediation request is accepted, the Commissioner will refer the dispute/s to an approved mediator.

What are some of the key aspects of a mediation?

• Forum: Mediation is to be held in private and conducted as soon as reasonably practicable, unless the mediator is satisfied that there is no reasonable prospect of resolution.
• The mediator: The type of mediator appointed depends on the value of the dispute, namely whether this exceeds SGD 30,000 or not.
• Representation (general): At mediation, individuals must act in person and cannot have legal representation. For employers that are not individuals, permitted representatives are set out in the DR Bill. Legal representation is allowed if the claim amount exceeds the Tribunal limit of SGD 250,000.
• Union representation: Union representation is allowed for claimants who are union members. Those in non-unionised companies will have access to tripartite mediation advisors who are typically industrial relations practitioners. For employers, union representation is allowed for claims between SGD 30,000 and SGD 250,000 inclusive, but only where the employee also has union representation. This is a new feature to provide employers with support for higher value claims that are still below the SGD 250,000 threshold that would entitle the employers to engage legal counsel.
• If successful: If mediation succeeds, the parties must enter into a settlement agreement in a prescribed form. Parties may apply to register the settlement agreement with the High Court, making it enforceable as a court judgment.
• If unsuccessful: If mediation fails (including if the respondent employer fails to attend), the mediator will issue a claim referral certificate. The mediator may refuse to issue a certificate if the claimant fails to attend any mediation session without reasonable excuse.

What are the time bars for a mediation request? 

The new DR Bill sets out various time bars for a claimant to submit a mediation request. The time bars will encourage individuals to come forward in a timely manner, before evidence degrades, while providing employers with some certainty that old incidents will not be dredged up. We have not set these out in detail here. The time bars vary depending on the type of decision being taken, i.e. whether it is a pre-employment decision relating to hiring; an in-employment decision relating to (e.g.) performance appraisals, promotion or training; or an end of employment decision relating to (e.g.) dismissal or retrenchment

That said, it is anticipated that the MOM will have discretion to accept late mediation requests where there are reasonable grounds to do so, such as when the worker is incapacitated or seriously ill. This discretion is broad to accommodate various circumstances, and adjustments will be made to the time bars where necessary.

What are the requirements for commencing a claim?

The claim must: (i) relate to a workplace fairness dispute; (ii) be accompanied by a claim referral certificate; and (iii) be filed within the relevant time bar.

What are the relevant time bars?

This will be set out in separate regulations. Time bars may differ for different circumstances and categories of claims.

Where should the claim be brought?

For claims up to and including SGD 250,000: the Employment Claims Tribunal.

For claims above SGD 250,000: the High Court.

In both forums:

• Claims are to be heard in private, meaning that the media or the public cannot attend the hearings. However, WFA judgments will be made publicly accessible.
• Parties have a duty to consider amicable resolution.
• Judges will take a proactive role in managing the case, such as by guiding parties to define the key issues and focus on evidence required. This helps parties without legal training to navigate the claims process.
• As a safeguard, both forums will be empowered to strike out frivolous claims and to award costs against claimants who file such claims on a case-by-case basis.

What are some specific features of a Tribunal claim?

The vast majority of WFA claims are expected to be handled by the Tribunal, providing more claimants with access to an affordable and expeditious dispute resolution forum. Most Tribunal cases are resolved within six months, while employment-related cases in the State Courts are resolved within 18 months. Simplified rules and streamlined procedures will apply, which parties should find easier to navigate.

As per current Tribunal practice, legal representation is not allowed. However, union representation may be allowed on the same conditions applicable to mediation hearings as set out above. Union representatives can advise workers and employers on their rights and obligations, help parties navigate claims and encourage amicable settlements.

What are some specific features of a High Court claim?

Strict rules of evidence and procedures will apply, and legal representation is allowed.

If the claimant is successful, what can be awarded?

Both forums can award damages. For a claim relating to an alleged discriminatory pre-employment decision, damages may be capped depending on the circumstances and category of claim. A Singapore Minister has clarified that the DR Bill does not introduce new heads of claim for damages such as injury to feelings, and stated that the MOM would look into quantifying damages arising from discriminatory decisions.

For discriminatory end of employment decisions, both forums may also order that the claimant be reinstated.

How does the WFA differ from the current regime? 

The substantive changes lie primarily in codifying anti-discrimination obligations into law and creating a statutory tort of discrimination. At present, employees can only pursue claims for wrongful dismissal or salary related claims at the Tribunal. Once the DR Bill is passed, individuals gain a legal right to seek remedies, including damages or reinstatement for discriminatory employment decisions at all stages of employment – from pre-employment to end-employment.

The DR Bill also significantly expands the Tribunal’s jurisdiction. Whereas the current jurisdictional limits for unfair dismissal (including unfair dismissals arising from discrimination) and salary claims are SGD 20,000 (or SGD 30,000 depending on whether the claimant is a union member), workplace discrimination claims under the DR Bill with a value of up to SGD 250,000 will be handled by the Tribunal. It should be noted, however, that the higher claims limit for the Tribunal applies only to workplace fairness disputes, not other types of employment claims such as salary-related claims and wrongful dismissals.

Will the WFA apply to all employers?

The WFA will only apply to employers with 25 or more employees, which covers about 75% of all employers. However, this exception will be reviewed five years after the WFA comes into effect.

What support is there for employers to prepare for implementation?

Apart from general education, the Tripartite Alliance for Fair Employment Practices is designing step-by-step guides and templates that small-medium enterprises can utilise, alongside briefings, clinics, and human resource (HR) e-learning modules. The MOM will also develop a handbook to capture the legal provisions and key principles behind the law, for instance through illustrations and case studies. Other resources are also in the works.

The DR Bill, and the WFA as a whole, is a very significant development for employers.

Whilst workplace discrimination allegations usually subsist under claims of wrongful dismissal, there is now a statutory tort of discrimination that employees can pursue against their employers. Crucially, it is not yet clear how damages or compensation arising from discriminatory decisions would be assessed, and employers will have to await guidance from the MOM as mentioned by the Singapore Minister (see above).

Employers will also have to ensure that its representatives become familiar with and understand the formal dispute resolution process under the DR Bill, including the applicable notice and time bars, and take more proactive steps in ensuring that it will be able to comply with the WFA when it comes into force. This is especially so given the expanded jurisdiction of the Tribunals, where legal representation is not allowed. Further, with a significantly higher monetary claim limit of SGD 250,000 (as opposed to SGD 20,000), employers should protect themselves by seeking legal advice at the onset of a dispute.

Given the expanded role of unions, it is expected that they will play a more assertive role in the affairs of employers and encourage employees to sign up with the union to obtain union representation.