Kenya's Employment and Labour Relations Court has ruled that excluding employees from official work WhatsApp groups or communication channels constitutes unlawful conduct and can amount to unfair dismissal or constructive dismissal.
The Employment and Labour Relations Court has ruled that removing employees from official work-related WhatsApp groups or other communication platforms is unlawful and can amount to unfair dismissal or constructive dismissal.
In a judgment delivered on February 14, 2026, Justice Byrum Ongaya held that deliberate exclusion from work chats, group emails or internal messaging systems interferes with an employee’s right to perform their duties, receive instructions and participate in workplace communication. The court found such actions breach the implied duty of mutual trust and confidence and can justify claims for unfair or constructive termination.
The case arose from a Nairobi-based marketing firm that removed a senior accounts executive from all company WhatsApp groups after a disagreement over a client project. The employee was not given any formal warning or disciplinary hearing; instead, the managing director simply deleted her from the groups and instructed staff not to communicate work matters with her directly. She was later issued a termination letter citing “breakdown of working relationship.”
Justice Ongaya ruled that the removal from communication channels effectively prevented the employee from doing her job. “An employer cannot lawfully isolate an employee from the ordinary flow of workplace information and then claim the employment relationship has irretrievably broken down,” the judge stated. “Exclusion from work chats and emails deprived the claimant of the ability to receive instructions, collaborate with colleagues and defend herself against allegations. This amounted to constructive dismissal.”
The court awarded the employee six months’ gross salary as compensation for unfair dismissal, plus damages for emotional distress and legal costs. It also ordered the employer to issue a certificate of service and clear all terminal dues within 30 days.
The judgment is likely to have wide-reaching implications for employers who rely heavily on WhatsApp, Slack, Microsoft Teams or similar platforms for day-to-day work communication. Legal experts say the ruling establishes that access to official communication channels is a fundamental aspect of the employment relationship.
Labour lawyer Grace Wanjiru said the decision sets a clear precedent. “Employers must now think twice before removing staff from group chats,” Wanjiru said. “If the removal effectively prevents the employee from working or isolates them, it can trigger unfair dismissal claims. The safest approach is to follow formal disciplinary procedures rather than using digital exclusion as a shortcut.”
The Federation of Kenya Employers (FKE) expressed concern over the ruling’s potential impact on workplace management. “While we respect the court’s decision, it creates uncertainty for employers who use WhatsApp informally,” FKE CEO Jacqueline Mugo said. “Many organisations do not have written policies on communication platforms. This judgment may force a rethink of how digital tools are managed.”
Trade unions welcomed the ruling as a victory for workers’ rights. Kenya Union of Commercial Food and Allied Workers (KUCFAW) Secretary-General William Wasike said: “This sends a strong message that digital exclusion is not a legitimate management tool. Workers have a right to information and participation. Employers who weaponise group chats will now face legal consequences.”
The case also highlighted the need for clear workplace policies on digital communication. Justice Ongaya recommended that employers develop explicit guidelines on the use of WhatsApp and other platforms, including procedures for temporary or permanent removal from groups. “Such policies should be developed in consultation with employees and should include a right to be heard before exclusion,” the judge advised.
In the weeks since the ruling was delivered, several employees across different sectors have approached labour lawyers citing similar experiences of being removed from work groups prior to termination. Some have already filed claims at industrial courts.
The decision aligns with global labour trends that recognise digital communication tools as integral to modern employment relationships. Courts in the United Kingdom, South Africa and Australia have issued comparable rulings in recent years, treating exclusion from work chats as potential repudiatory breach of contract.
As hybrid and remote work continue to rely on messaging apps, legal experts expect more litigation testing the boundaries of digital workplace rights in Kenya. Employers are advised to review internal communication policies and ensure any exclusion from groups is preceded by formal disciplinary processes.
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