What usually happens
Dismissal over pregnancy is usually dressed up as “contract ended” or “redundancy”. A written reason, payslips or M-Pesa records, and a visit to the labour officer are what turn it into a case.
The law that protects you
- Employment Act, 2007, s. 5
- Discrimination on grounds of pregnancy, sex, marital status or HIV status is unlawful, including in hiring and promotion.
- Employment Act, 2007, s. 29
- A woman is entitled to three months' maternity leave on full pay, and to return to the same job.
- Constitution, Arts. 41 and 28
- You have a right to fair labour practices and to dignity at work, including protection from harassment.
What you can do
- 1.
Put the job on paper: a contract, an appointment letter, even messages agreeing hours and pay.
- 2.
If you are dismissed over pregnancy, ask for the reason in writing the same day.
- 3.
Report to the labour officer in your sub-county. The service is free, and conciliation comes before any court case.
- 4.
Keep payslips or M-Pesa records. They are proof of what you were earning.
If you are refused
If the labour office is slow or the employer ignores it, a trade union or a legal aid organisation can take the case further. Keep every document, and write down dates and names of everyone you spoke to.