That feeling in your gut when your boss is avoiding you, or your workload suddenly disappears? Si rahisi. You’re not alone; many Kenyans face this anxiety and search for answers before the hammer falls.
Don’t panic. This article gives you clear, step-by-step advice from an HR insider on exactly what to do next. The process is straightforward, but acting quickly is key to protecting yourself.
What You Need Before You Start
Before you take any action, gather your documents. This is not the time to be caught off guard. Having everything ready will make the process smoother and protect your rights under Kenyan labour law.
- Your Employment Contract: This is your bible. It outlines your terms, notice period, and grounds for termination. You should have a signed copy. If not, request one from HR immediately.
- Recent Payslips (Last 3-6 months): These prove your salary and benefits. They are crucial for calculating any final dues or severance you may be owed. Get them from your company’s HR or finance portal.
- Any Written Warnings or Disciplinary Records: Be honest with yourself. Review any official communication about performance. This helps you understand the company’s potential case against you.
- A Personal Email Address & Secure Phone: Do not use company communication channels for sensitive discussions. Set up a personal email to correspond about this matter and secure your personal phone.
- Basic Knowledge of Your Rights: Briefly review the Employment Act. Know the difference between summary dismissal, termination with notice, and redundancy. The Federation of Kenya Employers (FKE) website has good resources.
Step-by-Step: Are You About to Get Fired? HR Shares Advice on Steps to Take in Kenya
Follow these five crucial steps to navigate this difficult situation professionally and protect your future. The process can take from a few days to several weeks, depending on your company.
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Step 1: Assess the Signs Objectively
Don’t rely on rumours. Look for concrete signs: being excluded from key meetings, a sudden freeze on your responsibilities, or an unexpected performance review. Document every instance with dates and details in a personal notebook.
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Step 2: Initiate a Calm, Private Conversation
Request a private meeting with your direct supervisor or HR. Frame it as seeking clarity on your role and performance. Do not be confrontational. Ask direct but polite questions like, “Are there concerns about my continued employment here?”
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Step 3: Understand the Proposed Termination Reason
If termination is confirmed, you must get the reason in writing. Is it redundancy, performance, or misconduct? This determines your entitlements. For redundancy, you are entitled to severance pay as per your contract or the Employment Act.
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Step 4: Negotiate Your Exit Package
Do not sign anything immediately. Review the termination letter and proposed settlement against your contract. Negotiate for full payment of accrued leave days, any unpaid salary, and a clear service certificate. Many Kenyans forget to claim their pro-rated leave pay.
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Step 5: Secure Your Final Documents & Clearance
Once an agreement is reached, ensure you get a signed copy of the settlement agreement. Obtain your final payslip, P9 form for tax, and a certificate of service. This last step is critical for your next job and filing returns on the KRA iTax portal.
Common Problems and How to Fix Them
Employer Refuses to Give a Termination Letter
This is illegal. The Employment Act requires written notice. Send a formal email requesting the letter, citing Section 35 of the Act. If they still refuse, report them to the Labour Office in your county. Take any evidence of your employment, like payslips.
Being Forced to Sign a “Voluntary Resignation” Letter
Some companies do this to avoid paying severance. Never sign under pressure. Politely state you need time to review it with an advisor. This simple delay often forces them to present the proper termination documents. Know that a true redundancy or performance dismissal has specific legal procedures.
Delayed or Withheld Final Dues
Your final salary, leave pay, and any severance must be paid on your last day. If dues are delayed, first issue a written demand. If ignored, lodge a claim at the nearest Labour Relations Court. The process can be slow, but it’s your right. Keep all your final documents as proof.
Bad Mouthing by Former Employer During Reference Checks
This is a major fear. To mitigate, secure a written, neutral Certificate of Service upon exit. For future jobs, consider providing the contact of a trusted former colleague instead of HR. Most professional HR departments in Kenya will only confirm your dates of employment to avoid legal trouble.
Cost and Timeline for Are You About to Get Fired? HR Shares Advice on Steps to Take in Kenya
Following the advice itself has no direct cost, but resolving a dispute does. The main financial focus should be securing your full terminal benefits, not paying fees. However, if things escalate, here is what to expect.
| Item | Cost (KES) | Timeline |
|---|---|---|
| Filing a Claim at the Labour Office | 0 | Initial conciliation can take 2-4 weeks |
| Filing a Case at Employment & Labour Relations Court | Court filing fees vary, but budget from 500 | Months to over a year for a hearing |
| Legal Consultation Fee | 5,000 – 20,000+ for a session | Immediate |
The biggest hidden cost is lost income during the process. Also, if you need certified documents from your employer for a new job, some might charge a small admin fee. These costs are generally uniform across counties, but lawyer fees may be higher in Nairobi.
The Bottom Line
Facing potential termination is stressful, but knowing your rights and following a clear plan makes all the difference. The one thing that ensures a smoother process is acting calmly, gathering your documents, and communicating professionally instead of reacting from a place of panic. Protect your future by being prepared.
Was this advice helpful? Share this article with a colleague who might need it, and leave a comment below with your experience. For more on navigating workplace challenges the Kenyan way, read our next article on negotiating a better salary.
Frequently Asked Questions: Are You About to Get Fired? HR Shares Advice on Steps to Take in Kenya
What is the first thing I should do if I suspect I’m being fired?
Stay calm and start gathering evidence. Collect your employment contract, recent payslips, and any written communication. Do not confront anyone aggressively or spread rumours in the office.
This documentation is your power. It forms the basis for any discussions or legal steps you may need to take later to protect your interests.
Can my employer fire me on the spot without any notice in Kenya?
Yes, but only for gross misconduct, known as summary dismissal. The law (Employment Act) defines this strictly, like theft or violence. For poor performance or redundancy, they must give notice or pay in lieu.
If fired on the spot, demand a written letter stating the exact reason for summary dismissal. This is your right and is crucial for any appeal.
How long does the entire termination process usually take?
From the first warning signs to your final day, it can take two weeks to a month. If you negotiate an exit package, it may take longer. If a dispute arises and goes to the Labour Office, it can stretch for months.
The timeline heavily depends on your company’s HR policies and how quickly you act on the steps outlined in the article.
What is the most important document to get before I leave?
The Certificate of Service. This is a legal requirement for your employer to provide. It states your job title, period of service, and is neutral—it should not state why you left.
Without it, getting your next job can be difficult. Do not leave the premises without confirming you will receive it.
What if my employer refuses to pay my accrued leave days?
This is a very common violation. First, put your demand in writing with a calculation. If they refuse, report the matter immediately to your county’s Labour Office for assistance.
Accrued leave is considered deferred wages; you have a strong legal claim. Keep your final payslips as proof of the outstanding amount.
