Why Employee Sensitization Matters: Lessons from Kenya’s Employment and Labour Relations Court
Workplaces are constantly changing. Policy manuals are revised, Collective Bargaining Agreements (CBAs) are renegotiated, employment terms evolve and new labour laws and statutory requirements come into force. But while change may be inevitable, how that change is communicated to employees matters.
Employee sensitization provides an important bridge between workplace changes and employees’ understanding of their rights, obligations and the practical impact of those changes. It allows employees to understand what has changed, why it has changed and how it affects them.
What does the law say?
The Employment Act recognizes the importance of communication when employment terms change. Section 10(5) requires an employer, where a matter contained in the employment particulars changes, to consult with the employee, revise the contract where necessary and notify the employee of the change in writing.
This means that employers should not simply introduce significant changes and expect employees to adjust without explanation. Proper communication and consultation promote transparency, fairness and understanding in the workplace.
What have the courts said?
The Employment and Labour Relations Court has repeatedly emphasized the importance of consultation and communication.
In James Ang’awa Atanda & 10 others v Judicial Service Commission (2017) eKLR, the Court recognized that unilateral variation of an employment contract may amount to a breach of contract and emphasized consultation where employees may be adversely affected.
Similarly, in Muga v G. North & Son Limited (2025) eKLR, the Court reiterated that consultation and notification are important when employment terms are varied. Importantly, consultation does not necessarily mean that the employer must obtain the employee’s agreement, rather, the employer must genuinely engage the employee and communicate the change.
The issue is also important where changes affect remuneration or terms contained in a CBA. In Kenya Union of Commercial, Food & Allied Workers Union v Tusker Mattresses Limited (2020) eKLR, the Court considered changes to employees’ pay and working hours and emphasized the need for consultation and compliance with the Employment Act and applicable CBA framework.
What about workplace policies and manuals?
Sensitization is not limited to changes in employment contracts.
In Hamida Bana & 102 Others v National Bank of Kenya Limited (2017) eKLR, the Court considered the relationship between employment contracts and workplace manuals and emphasized the importance of bringing relevant workplace terms and policies to employees’ attention.
A policy cannot effectively guide employees if they are unaware of its contents or of significant changes made to it.
Why does sensitization matter?
Effective employee sensitization helps to:
- Promote transparency and trust
- Give employees an opportunity to seek clarification
- Reduce misunderstandings and grievances
- Ensure compliance with employment laws and contractual obligations
- Prevent workplace changes from unnecessarily escalating into disputes or litigation.
- The takeaway
Employers who communicate and engage employees effectively can make workplace transitions smoother, fairer and less likely to result in to a conflict. Employee sensitization should therefore be viewed not as an additional administrative task but as an important part of maintaining a fair and productive employment relationship.
FROM: THE LEGAL DESK- AGRICULTURAL EMPLOYERS ASSOCIATION
