Workers' Rights

Made Redundant — Leaving With Nothing

Q: We are not making you redundant — we are just changing your role. You can take the new position or resign.

Subscribe to The Advocate to see the full rebuttal, legal basis, and practise this response out loud.

Q: Your contract says redundancy pay is only one week per year — you signed it.

Subscribe to The Advocate to see the full rebuttal, legal basis, and practise this response out loud.

An employer declares a position redundant and tries to dismiss the employee without severance pay

Premium intermediate 9 minutes

The Situation

What They Said

“Due to restructuring, your position is no longer needed. Your last day is Friday. We are not paying severance because the business is struggling.”

Your employer announces that your role is being made redundant due to business restructuring, downsizing, or the closure of a department. They inform you that you are dismissed immediately or with minimal notice, and deny severance pay, often citing financial difficulty. Redundancy is a legitimate ground for ending employment — but it comes with strict procedural and payment obligations that many Kenyan employers attempt to bypass.

The Fallacy

Redundancy as Clean Exit / Financial Hardship Override

The employer treats redundancy as a simple business decision that ends all obligations to the employee. Kenyan law treats redundancy as a specific legal process with mandatory steps: advance notice to the union or labour officer, selection criteria based on seniority, payment of accrued leave, one month's notice or wages in lieu, and severance pay at a minimum rate set by law. Financial difficulty does not suspend these obligations — if the business cannot pay severance, that is an insolvency matter, not a basis to dismiss without payment.

What the Law Says

Your Legal Foundation

Employment Act, 2007 (No. 11 of 2007)

Section 40(1) — Termination on Account of Redundancy

“An employer shall, before terminating employment on account of redundancy, notify the labour officer and the union, if any, of the intended redundancy at least one month before the date of the intended termination; give the employee notice of the redundancy; and in determining who is to be declared redundant, apply criteria of skills, ability, reliability and seniority.”

A redundancy without at least one month's advance notice to the relevant labour officer is procedurally defective. The employer must also apply fair selection criteria — you cannot be singled out for redundancy while others with less seniority or lesser skill keep their jobs without a clear, documented justification.

Employment Act, 2007 (No. 11 of 2007)

Section 40(1)(f) and (g) — Severance Pay and Notice on Redundancy

“On termination by reason of redundancy, an employer shall pay the employee accrued leave; and pay severance pay at a rate of not less than fifteen days pay for each completed year of service.”

Severance pay is not a discretionary benefit — it is a statutory minimum. For every full year you have worked, you are owed at least 15 days wages. On top of this, you are owed: payment of all accrued but unused annual leave, and one month's notice pay or wages in lieu. These must be paid regardless of the employer's financial position.

What Scripture Says

God's Word on This

Deuteronomy 24:14-15 (NET)

“You must not oppress a hired worker who is poor and needy, whether he is one of your fellow Israelites or one of the foreigners who is living in your land and villages. You must pay his wage that very day, before the sun sets.”

God commanded that a worker should receive what they are owed before the day ends — not withheld because of the master's convenience or financial position. A worker facing redundancy through no fault of their own has served faithfully; the law reflects the ancient principle that they leave with what is rightfully theirs.

🔒

You Know the Law — But Do You Know What to Say?

Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.

Unlock This Scenario — R89/month

Identity & Dignity and Gender & Equality are free · All 17 domains from R89/month · Cancel anytime

Not ready to subscribe? Get the free checklist first.

10 South African rights scenarios — what to say, what to cite, what to refuse. Free, no card needed.

What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “We are not making you redundant — we are just changing your role. You can take the new position or resign.”

🔒 Subscribe to see the full rebuttal and legal counter-argument.

They might say: “Your contract says redundancy pay is only one week per year — you signed it.”

🔒 Subscribe to see the full rebuttal and legal counter-argument.

Know Your Rights. Know Your Word.

149 South African rights scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start with 2 full domains.

Try Free — Identity & Dignity

No credit card · Upgrade anytime for all 17 domains