Lack of a policy won’t save offenders in sexual harassment cases

The Employment Act 2007 requires all organisations that employ more than 20 staff to have a Sexual Harassment Policy.

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In a landmark ruling, the Employment and Labour Relations Court in Kisumu has decided that employees who sexually harass their colleagues at work can be lawfully dismissed, even where an employer lacks a formal sexual harassment policy.

The court held that offenders cannot use the lack of such a policy as a defence, affirming that respect, dignity and professional conduct are non-negotiable obligations in every workplace, even in the absence of a written manual.

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