Workplace Policies

Workplace policies are the written rules and procedures that govern the conduct of employees and the management of the employment relationship. In Kenya, workplace policies are not just good management practice — many are required by law. The Employment Act, 2007, the Occupational Safety and Health Act, 2007, the Sexual Offences Act, the Data Protection Act, 2019, and the Constitution of Kenya, 2010 all impose obligations on employers to have written policies on specific subjects. A workplace without adequate policies is exposed to legal claims, regulatory enforcement, and reputational damage.

This area covers the drafting, review, and implementation of the full range of employment policies. Advocates begin by conducting a policy audit — reviewing the employer's existing policies (if any) against the legal requirements and industry best practice, and identifying the gaps. Advocates then prepare a tailored policy suite that addresses the employer's specific needs and the legal obligations that apply to their industry and workforce size.

The core policies they prepare include: a code of conduct, which sets out the standards of behaviour expected of all employees and the consequences of non-compliance; a disciplinary policy and procedure, which complies with the section 41 requirements of the Employment Act and which provides a clear, step-by-step process for the management of misconduct; a grievance policy and procedure, which provides employees with a mechanism for raising and resolving workplace concerns; and a leave policy, which sets out the entitlements to annual, sick, maternity, paternity, and compassionate leave in accordance with the Employment Act.

Advocates prepare anti-harassment and anti-discrimination policies, which are required by the Constitution and the Employment Act and which are critical to maintaining a safe and inclusive workplace. These policies define harassment and discrimination, set out the reporting mechanism, provide for investigation and disciplinary action, and protect complainants from retaliation. Advocates also prepare equal opportunity policies, which commit the employer to fair treatment in recruitment, promotion, training, and remuneration.

Data protection policies have become essential with the enactment of the Data Protection Act, 2019. Advocates prepare employee data protection policies that govern the collection, use, storage, and sharing of employee personal data, that address the use of CCTV, biometric systems, and employee monitoring, and that provide for data subject rights and breach notification. Advocates also prepare policies on the use of company IT systems, social media, and the management of confidential information.

Health and safety policies are required by the Occupational Safety and Health Act, 2007. Advocates prepare workplace health and safety policies that comply with the Act, that address hazard identification and risk assessment, that provide for incident reporting and investigation, and that cover the management of workplace injuries and the return-to-work process. Advocates also prepare policies on HIV/AIDS, mental health, and workplace wellness.

For employers with remote and hybrid workforces, they prepare remote working policies that address eligibility, equipment and expense arrangements, health and safety at the remote location, data security, performance management, and the arrangement of working hours. Advocates also prepare policies on the use of artificial intelligence in the workplace, an emerging area that requires careful consideration of both efficiency and fairness.