Singapore introduced its first Workplace Fairness Legislation (WFL) in 2024, a significant step towards promoting inclusivity and fairness in the workplace. The law seeks to address workplace discrimination and bolster protections for employees, particularly those in vulnerable categories such as women planning to conceive, working mothers and individuals with disabilities.

For employers, this legislation introduces new responsibilities and compliance requirements. It also creates a framework that private investigation firms can utilise to offer invaluable services in resolving workplace disputes.

Expanded Protections for Employees

The WFL extends protections against discrimination based on various "protected characteristics," including nationality, age, gender, marital status, pregnancy, caregiving responsibilities, race, religion, language, disability and mental health conditions

Mandatory Grievance Handling Processes

Employers must now establish and document grievance handling procedures, ensuring transparency and confidentiality. Retaliatory actions against employees who report workplace discrimination, such as harassment or dismissal, are strictly prohibited.

Prohibition of Discriminatory Hiring Practices

Employers are barred from showing partiality towards protected characteristics in job advertisements, unless justified by specific business needs or national objectives.

Exemptions for Smaller Businesses

Companies with fewer than 25 employees will have a five-year grace period to comply fully with the new law. However, they remain subject to existing Tripartite Guidelines on Fair Employment Practices.

Stronger Penalties for Non-ComplianceEmployers who blatantly disregard fairness guidelines may be publicly named, serving as a deterrent and a push towards compliance.

While the legislation is a welcome move, it brings challenges for businesses. Smaller firms, for example, may struggle to establish robust HR processes due to limited resources. Employers may also grapple with understanding the nuances of “reasonable accommodation” for employees with disabilities or navigating claims of frivolous allegations.

The complexity of these issues underscores the importance of impartiality and thorough investigations, particularly in disputes.

Private investigation firms can play a pivotal role in helping businesses navigate disputes under the new legislation.

Here's how:

Independent Investigations

The law requires employers to conduct internal inquiries when discrimination claims arise. However, employees may question the neutrality of these investigations. Private investigators, being external parties, can provide unbiased and independent assessments, ensuring credibility in the process.

Evidence Gathering

From reviewing internal communications to interviewing witnesses, private investigators can gather and document evidence that supports or refutes claims. This can be crucial in cases brought before the Employment Claims Tribunals (ECT) or other mediation bodies.

Advising on Compliance

Investigation firms can also assist businesses in identifying gaps in compliance with the WFL, offering recommendations to align with the law.

Deterring False Claims

By conducting thorough inquiries, private investigators help discourage frivolous claims, ensuring that genuine grievances are addressed while safeguarding employers from baseless allegations.

Unlike internal HR departments, private investigation firms operate independently, removing the perception of bias. Their expertise in handling sensitive cases and maintaining confidentiality makes them ideal partners for resolving workplace disputes.

Employers can take proactive steps to ensure compliance and reduce the likelihood of disputes:

• Review and update HR policies to align with the new legislation.
• Train managers and supervisors on identifying and preventing discrimination.
• Engage private investigators for dispute resolution and compliance audits when needed.

The Workplace Fairness Legislation marks a new era for employment practices in Singapore, aiming to create a more inclusive and equitable workplace environment. While this presents opportunities for positive change, it also places additional responsibilities on employers.

Private investigation firms are well-positioned to support businesses in meeting these challenges. By offering independent, unbiased and professional investigative services, they ensure that disputes are resolved fairly and efficiently, helping employers maintain compliance and protect their reputation.

For assistance with workplace investigations, contact us today to discuss how our services can support your business under the new legislation.