The Employment and Labour Relations Court has delivered an important ruling on the rights of employees to work remotely, holding that employers cannot unilaterally revoke remote work arrangements that were agreed upon during or after the COVID-19 pandemic.
Case Background
The case involved an employee who had been working remotely for two years after the company adopted a hybrid work model. When the company attempted to mandate full-time office attendance, the employee filed a complaint claiming unfair changes to working conditions.
Court Holdings
- Remote work arrangements constitute a change in terms of employment
- Employers must provide reasonable notice and consultation before revoking
- Employees have the right to request flexible working arrangements
- The employer must demonstrate legitimate business reasons for the change
This ruling has significant implications for employment law practice in Kenya. Our employment law team is available to advise both employers and employees on their rights and obligations.