Key features of the Bill
1. Creation of statutory tort of discrimination
- An employee who has been the subject of an alleged discriminatory employment decision can bring a civil action for a statutory tort of discrimination against the employer.
2. Forum and parameters for workplace discrimination claims
- The jurisdiction of the Employment Claims Tribunal (ECT) is expanded to all workplace discrimination claims up to SGD 250,000.
- For any claims before the ECT, parties shall not be permitted to have legal representation and the strict rules of evidence shall not apply.
- Claims above SGD 250,000 shall be heard by the High Court. Such proceedings shall be conducted in private by default, and the court shall take a "judge-led approach", i.e., the court may, on its own initiative, seek evidence and make inquiries as it deems appropriate.
3. Dealing with frivolous workplace discrimination claims
- Firms can apply to strike out frivolous workplace discrimination claims, and the ECT and the High Court can do so on their own motion.
- The ECT and the High Court can also make adverse costs orders against claimants who make frivolous workplace discrimination claims.
4. Amicable resolution of workplace discrimination claims
- The Bill requires parties to go through mandatory mediation before they can bring disputes before the ECT or the court. Requests for mediation must be submitted to the Commissioner for Workplace Fairness within prescribed time limits.
- Parties are permitted to have legal representation at mediation if their claims exceed the ECT's jurisdictional limit (i.e., SGD 250,000).
- The infographic released by the MOM regarding the Bill recommends that disputes be resolved by a "three-step process". This includes a further preliminary step before mediation — using the company's own internal grievance handling processes.
In summary
We support the move toward fairer workplaces and an efficient dispute resolution process. At the same time, this should be balanced with the necessary legal safeguards.
If you have questions about how these changes may affect your business or your rights as an employee, please reach out to us for tailored advice.
* * * * *
© 2025 Baker & McKenzie. Wong & Leow. All rights reserved. Baker & McKenzie. Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "principal" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
