Dismissing a Pregnant Employee in Singapore: What Employers Must Get Right

By Johnathan Lee, Advocate and Solicitor (Singapore). Updated 19 October 2026.

Singapore law does not forbid an employer from ever dismissing a pregnant employee, but it narrows the options considerably and puts the employer’s reasons under close scrutiny. Under section 84 of the Employment Act 1968, notice of dismissal given during pregnancy without “sufficient cause” does not take away the maternity payments she would otherwise have received, and she may claim reinstatement or compensation at the Employment Claims Tribunals (ECT). If the reason is redundancy, section 84A preserves those payments on top of any retrenchment benefit, and section 81 makes it unlawful to give notice while she is on maternity leave. In practice, an employer needs to show, with documents made at the time, a genuine reason unconnected with the pregnancy and a fair process.

What does the law prohibit, and what does it still allow?

Three provisions in Part 9 of the Employment Act do most of the work. Section 84 deals with notice of dismissal given “without sufficient cause” at any time of the pregnancy. Section 84A deals with notice given on the ground of redundancy or a reorganisation of the business. Section 81 deals with timing: it is not lawful to give notice of dismissal while the employee is absent on maternity leave, or on a day that makes the notice expire during that absence.

For employees whose child qualifies for Government-Paid Maternity Leave, section 12(1) of the Child Development Co-Savings Act 2001 applies sections 77 to 84A of the Employment Act to the maternity payment under that Act (see MOM’s eligibility page for the 16-week entitlement).

The law does not freeze the relationship. MOM’s guidance is that pregnant employees should be assessed on their merits and the requirements of the job, with dismissal decisions resting on relevant and objective criteria. The question is whether you can prove that the problem, and not the pregnancy, is the reason.

What counts as “sufficient cause”, and who has to prove it?

The Employment Act does not define “sufficient cause”. The working guide is the Tripartite Guidelines on Wrongful Dismissal, which identify misconduct, poor performance and redundancy as legitimate reasons, and which list dismissal to deprive an employee of benefits she would otherwise have earned (with non-payment of maternity benefits as an illustration) as a wrongful reason.

On proof, the Act itself is silent, but the Guidelines say that where an employer cites misconduct or poor performance, “the employer bears the burden of proving that ground for dismissal”. For performance, they say the employer would need to substantiate it, and their illustration relies on shortcomings documented in performance reviews. In practical terms, that means:

• appraisals, targets and feedback recorded before the pregnancy was known carry the most weight;
• performance concerns raised for the first time after the announcement will be examined sceptically;
• apply the same standard as for colleagues in the same role; and
• poor performance does not justify dismissal without notice: the Guidelines state that an employer cannot dismiss without notice for poor performance.

What does a proper inquiry look like before dismissing for misconduct?

Section 14(1) of the Employment Act allows an employer, “after due inquiry”, to dismiss without notice on the grounds of misconduct, or instead to downgrade the employee or suspend her without pay for up to one week. MOM’s page on termination due to misconduct says there is no fixed procedure, but gives a general guide. A defensible inquiry usually involves:

• Written particulars. Tell the employee what she is alleged to have done, when, and on what evidence.
• A genuine chance to respond. Give her reasonable time to prepare and an opportunity to present her case, and consider what she says before deciding.
• An unbiased decision-maker. MOM says the person hearing the inquiry should not be in a position that may suggest bias. That usually rules out the manager who made the complaint.
• Lawful suspension, if any. MOM states that suspension during an inquiry must not exceed one week without the Commissioner for Labour’s approval, and that at least half salary must be paid during it.
• A written record. Keep notes of the allegations, the response, the findings and the reasons for the penalty chosen.

Schedule around her medical position. An inquiry fixed during hospitalisation leave invites the argument that the process was not genuine.

Can a pregnant employee be retrenched, and what must still be paid?

Yes, if the redundancy is genuine. The Guidelines recognise redundancy, meaning excess manpower, restructuring or a role that no longer exists, as a legitimate reason for dismissal with notice. However, section 84A provides that a notice given on the ground of redundancy or reorganisation during the pregnancy (where the 3-month service and medical certification conditions are met) does not deprive her of the payments she would otherwise have received under Part 9. Section 84A(3) adds that this payment is in addition to any retrenchment benefit or other payment under her contract or any other written law.

Budget accordingly: notice, any retrenchment benefit and the preserved maternity benefits. Selection criteria should be objective, applied across the affected group and written down before names are chosen.

When can notice be given?

The table summarises the statutory position.

Stage	Position	Source
During pregnancy (3 months’ service, pregnancy certified before notice)	Notice without sufficient cause, or on redundancy, does not remove her maternity payments; if notice lacked sufficient cause, she may claim reinstatement or compensation at the ECT (s 84(2))	Employment Act ss 84, 84A
While she is on maternity leave	Not lawful to give notice of dismissal, or notice that will expire during the leave	Employment Act s 81
Misconduct at any stage	Dismissal without notice only after due inquiry	Employment Act s 14(1)

A decision cannot be parked and announced during her leave, or served just before it so that it runs out during it. Indirect messages count too: telling an employee on leave that her role will end when the leave ends may be treated as conduct forcing her to resign.

Why do managers’ calls and WhatsApp messages matter so much?

Because they are often the best evidence of the real reason. In JKP v JKQ [2026] SGECT 13 (oral judgment 1 July 2024; grounds dated 22 September 2026), an executive resigned during her maternity leave and then claimed wrongful dismissal under section 14(2) of the Employment Act (at [1] and [6]). Under section 2 of the Employment Act, a resignation counts as a dismissal if the employee shows, on a balance of probabilities, that it was not voluntary but compelled by the employer’s conduct (at [9]). The tribunal treated a director’s phone call, made while she was on hospitalisation leave shortly before giving birth, as the crucial evidence (at [10] and [46]). The call had been recorded by her husband, and the tribunal worked from the transcript (at [24]).

The tribunal found that she had been compelled to resign (at [25]), that the stated reason (that she did not fit the director’s vision) had no basis given her good appraisals (at [29] to [33]), and that the real reason was her impending absence on hospitalisation and maternity leave (at [34]). As both were her entitlements, dismissing her for exercising them was a dismissal on a wrongful ground and amounted to discrimination on account of pregnancy and maternity leave (at [35]). The tribunal described the manner of communication as degrading and deeply insensitive (at [48]) and awarded $19,800, being three months’ pay for loss of income and three months’ pay for harm caused (at [43], [49] and [50]).

The lessons for employers are concrete. As I told CNA, difficult conversations are best held in person with HR present and then confirmed in writing, and managers need training, because the company answers for what they say and write. Assume that any call may be recorded and any message may be read out at a hearing. A WhatsApp “heads-up” from her immediate superior was also in evidence (at [18]).

If you wish to restrict recording at work, set out the policy clearly, in advance, and apply it consistently. If the company itself records meetings or calls with staff, the Personal Data Protection Act 2012 requires it to inform the employee of the purpose: section 20(4)(b) and (5)(a) cover personal data collected for managing or terminating the employment relationship.

What happens if she files a claim?

Under the Employment Claims Act 2016, a claimant must first submit a mediation request before lodging a claim (s 3(1)). Mediation is conducted through the Tripartite Alliance for Dispute Management (TADM). For a section 84 dispute, the request must be made within 2 months after the date of confinement (s 3(2)(e)); for an ordinary wrongful dismissal claim under section 14(2) of the Employment Act, it is one month after the date of dismissal (s 3(2)(d)), which MOM’s guidance describes as one month from the last day of employment. If mediation does not settle the matter, a claim referral certificate is issued and the claim may proceed to the ECT.

From the employer’s side, the first formal step at the ECT is usually a Notice of Case Management Conference. The Judiciary explains that both parties must attend if the dispute is unresolved, and the case may then be fixed for hearing before a tribunal magistrate. Parties act in person: lawyers cannot represent parties in ECT matters (s 19(1)), and a company may instead be represented by an officer or full-time employee (s 19(2)). Where the tribunal finds a dismissal without sufficient cause, it may order reinstatement with lost wages, or compensation it considers just and equitable (Employment Act, s 84(3)).

In a written answer on 7 October 2026, MOM reported 387 pregnancy-related wrongful dismissal claims at TADM from April 2019 to 2025; 301 were resolved through mediation. See also our guide to TADM and ECT options and our employer dismissal checklist.

How will the Workplace Fairness Act change things?

The Workplace Fairness Act 2025 lists pregnancy and caregiving responsibilities among its protected characteristics (s 8), and treats an employment decision that adversely affects an individual on the ground of a protected characteristic as discrimination (s 17(1)). Employment decisions include dismissing or retrenching an employee (s 7(1)). Employers with fewer than the prescribed number of employees, currently 25, are excluded from most of the Act (s 4). The Act comes into operation on a date the Minister appoints, and MOM has said it aims for the Act to take effect in end-2027. The Employment Act protections above already apply. See our Workplace Fairness Act guide for SMEs.

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Frequently asked questions

Can I dismiss a pregnant employee for poor performance?

Possibly, but only with notice and only if you can prove the performance problem with objective, documented evidence. If the dismissal is found to be without sufficient cause, she keeps her maternity payments and may claim reinstatement or compensation at the ECT.

Does the protection apply to an employee with less than 3 months’ service?

The section 84 and 84A protections for notices given during pregnancy require at least 3 months’ service before the notice. That does not make a dismissal of a newer employee safe: other wrongful dismissal rules may still apply, and the section 81 timing rule applies to an employee absent on maternity leave.

Can I give notice while she is on maternity leave if the redundancy is genuine?

No. Section 81 makes it unlawful to give notice of dismissal during her maternity leave, or notice that will expire during it. Any genuine redundancy should be handled with this timing rule in mind, and the maternity payments preserved by section 84A must still be paid.

Can an employee use a recording of a call with her manager?

In JKP v JKQ [2026] SGECT 13, the tribunal relied on the transcript of a recorded call as the crucial evidence. Employers should assume that calls and messages may be produced at a hearing, and should handle sensitive conversations in person and confirm them in writing.

Does the Workplace Fairness Act apply to my company now?

Not yet. MOM has said it aims for the Act to take effect in end-2027, and it will initially exclude most of its obligations for employers with fewer than 25 employees. The Employment Act maternity protections already apply today.

This article is general information, not legal advice. It states Singapore law as at October 2026. Speak to a lawyer about your specific situation.