Getting a redundancy right in Kenya

When an Employment and Labour Relations Court sets aside a redundancy, it is almost always because of how it was done, not why. The Employment Act sets out clear requirements — follow them.

A genuine reason

Redundancy means the job, not the person, is no longer needed. Document the operational or economic rationale before you start.

Notice to the right people

Give written notice to the affected employees and to the labour officer at least one month before the intended date. If a union is recognised, notify it too.

Fair and objective selection

Where you are selecting from a pool, use criteria that are objective and applied consistently — skills, qualifications, reliability, and, subject to those, length of service. Keep the scoring.

Consultation that is real

Meet the affected employees, explain the situation, and genuinely consider alternatives they raise — redeployment, reduced hours, voluntary exits.

Pay everything due

Severance pay at not less than fifteen days' pay for each completed year of service, plus notice pay or pay in lieu, accrued leave, and any contractual entitlements.

Then confirm in writing

A clear termination letter setting out the reason, the date and the full breakdown of the final payment.

Done properly, a redundancy is defensible. Done in a hurry, it is a claim waiting to happen.

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• Employment lawyers in Kenya
• Unfair dismissal claims
• Employment contracts
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