Last updated 11 November 2026
Once the Act takes effect, expected at the end of 2027, employers with 25 or more employees must not make hiring, appraisal, promotion, training or dismissal decisions because of a person’s mental health condition. They must also have a grievance process. Prepare now, not when the first complaint arrives.
The Workplace Fairness Act 2025 makes it unlawful to discriminate in employment decisions because of certain characteristics. Mental health conditions are one of them. The Act is expected to take effect at the end of 2027.
This is a summary of what MOM has published. It is general guidance, not legal advice. For how the Act applies to your organisation, check with MOM, TAFEP or a lawyer.
What changes
| Area | What the Act requires |
|---|---|
| Employment decisions | Employers must not make an adverse decision because of a mental health condition. This covers hiring, decisions during employment such as appraisals, promotion and training, and dismissals |
| Grievances | Employers must have a grievance process. They must look into each grievance, review it and tell the employee the result. All employees must be told about the process, and the employee’s confidentiality must be kept |
| Retaliation | Employers must not retaliate against someone who reports discrimination or harassment |
| Exceptions | An employer may consider a protected characteristic where the job requires it. One of the permitted reasons is health and safety |
| Small firms | Firms with fewer than 25 employees are exempt for a start. They must still follow the Tripartite Guidelines on Fair Employment Practices. The exemption will be reviewed in five years |
Why prepare now
Do not wait for the first complaint. By then it is too late to prepare. A complaint has to be looked into, and you will be asked what you had in place at the time and how the decision was made. A process written after the complaint, or records that were never kept, cannot help you. An organisation that prepared early can show how it made its decisions and how it handled concerns.
How to prepare
- Check your forms and interview questions. Remove questions about mental health conditions unless the job requires them for a reason the Act allows.
- Write down your grievance process. Decide who receives a grievance, who reviews it and how the employee is told the result. Then tell all staff.
- Brief the managers who make decisions. They need to know that a mental health condition cannot be the reason for a hiring, appraisal, promotion or dismissal decision.
- Record the reasons for decisions. If a decision is questioned later, you will need to show what it was based on.
- Deal with everyday issues early. A formal complaint can begin as a smaller problem, such as a dispute over workload or adjustments, tension after a return from long leave or a breakdown in communication between an employee and their manager. Give managers a clear guide on who does what and when, and let them practise these conversations.
- Get advice for your own situation. Check the guidance from MOM and TAFEP as it is released.
Watch out for
- The Act sets a minimum. A workplace can follow it and still be one where staff are afraid to say they are struggling.
- A grievance process that staff trust takes time to build. Start before 2027.
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