According to a 2022 survey by AWARE and Milieu Insights, almost 7 in 10 LGBTQ+ respondents have experienced workplace discrimination. While the Workplace Fairness Act (WFA) was passed in 2025, the law explicitly states that it does not protect against discrimination on the basis of sexual orientation or gender identity.

However, despite the lack of statutory protection under the WFA, there are still some options available to victims of workplace discrimination in Singapore.

1. If you lost your job or were forced to resign because of discrimination, you can file a wrongful dismissal claim against your employer. 

2. If you have experienced workplace discrimination, you can also file a complaint with the Tripartite Alliance for Fair Employment Practices (TAFEP) which can conduct an investigation and work with your employer to address its employment practices. 

3. Finally, you may potentially file a claim for breach of the implied term of mutual trust and confidence if your employer has discriminated against you on the basis of your sexual orientation or gender identity. 

Claim for wrongful dismissal

If you have been dismissed because of your sexual orientation or gender identity, this constitutes wrongful dismissal. This includes a situation called “constructive dismissal”, where you were forced to resign because you can no longer stay in the company due to the discriminatory behaviour of your employer or colleagues.  

Under the Tripartite Guidelines on Wrongful Dismissal (TGWD), dismissing an employee because of discrimination is wrongful. This includes discrimination on the basis of sexual orientation or gender identity. 

In such situations, you can file a claim for wrongful dismissal with the Tripartite Alliance for Dispute Management (TADM). TADM will assist you with mediating the dispute with your employer. 

Find out more about the process here: https://www.tal.sg/tadm/getting-started 

If you are not able to resolve the dispute with your employer at the TADM through mediation, you may receive a Claim Referral Certificate which would entitle you to file a claim with the Employment Claims Tribunal (ECT). Parties cannot be represented by lawyers in ECT proceedings and the maximum claim amount is $30,000 if you have attempted mediation before filing your claim with the ECT. 

You can read more about the ECT here: https://www.judiciary.gov.sg/docs/default-source/civil-docs/ect_guide.pdf.

If your claim exceeds the ECT claim limit of $30,000, you can file your claim for wrongful dismissal with the civil courts. You should consult a lawyer who can advise you further on the next steps. 

File a complaint with TAFEP

The Tripartite Guidelines on Fair Employment Practices (TGFEP) set out best practices that employers should adhere to. According to the TGFEP, employers must recruit and select employees on the basis of merit (such as skills, experience or ability to perform the job). Though sexual orientation and gender identity are not explicitly referenced in the TGFEP, the TGFEP prohibit “all forms of workplace discrimination”. This would include sexual orientation and gender identity. 

The Tripartite Alliance for Fair Employment Practices (TAFEP) can provide advice and assistance if you have experienced workplace discrimination. You can contact TAFEP by filling in this form: https://www.tal.sg/tafep/contact-us#workplace-practices.  

Depending on the nature of the case, TAFEP may contact you for more information before reaching out to your employer to conduct further investigations. TAFEP may work with the employer to improve their employment practices. If the employer has breached the TGFEP, TAFEP may escalate the case to the Ministry of Manpower (MOM). MOM may also impose administrative penalties on errant employers who fail to comply with the TGFEP, such as work pass debarment. 

Claim for breach of implied term of mutual trust and confidence

In some cases, the Singapore courts have recognised that employers and employees owe each other an implied duty of mutual trust and confidence (unless parties expressly exclude such a duty in the employment contract). Both parties should therefore not act in a way that damages or destroys this relationship of mutual trust and confidence. 

This duty of mutual trust and confidence may include:

• a duty to behave with civility and respect;

• a duty to redress complaints of discrimination or provide a grievance procedure; and

• a duty not to behave in an intolerable or wholly unacceptable way. 

Depending on the facts, curtailment of an employee’s job role because of their sexual orientation or gender identity may amount to a breach of this duty. If the employee had suffered losses because of the breach, they may also be able to claim damages. For instance, damages have been awarded for recognised psychiatric illnesses and damage to reputation.

You would need to file your claim in the Singapore courts and should consult a lawyer who can advise you further on the next steps.

Written by Daryl Yang, Same But Different Volunteer.