Getting dismissed from your teaching job without notice is one of the most painful and frustrating experiences for a teacher. Recently, a teacher asked us:
“How does a principal wake up in the morning and sack us without a notice? How do I sue?”
This single question captures the reality many teachers in Kenya face. The good news is that the law and the Teachers Service Commission (TSC) regulations are on your side. Under the Employment Act, 2007, and TSC’s disciplinary guidelines, teachers have strong protections against arbitrary dismissal.
In this article, we’ll break down what unfair dismissal means, your legal rights as a teacher, the steps to take immediately after dismissal, and how to pursue justice. We’ll also share practical tips and a sample demand letter to guide you.
1. Understanding Your Rights as a Teacher
Kenyan law is clear: an employer cannot just wake up and dismiss you without following due process. Under the Employment Act and TSC regulations, your employer must:
- Give a valid reason for termination.
- Provide written notice or pay salary in lieu of notice.
- Allow the employee to be heard before dismissal.
For teachers under TSC, disciplinary procedures are structured and involve interdiction, a notice to show cause, hearings, and an appeal process. If any of these steps are skipped, the dismissal is unlawful.
This is why awareness of your rights is crucial. Many teachers do not know that dismissal without notice is automatically questionable under the law.
2. What Counts as Unfair Dismissal?
Unfair dismissal can occur when your rights are violated in the process of termination. Common scenarios include:
- You were dismissed without written notice.
- You were denied a chance to defend yourself.
- No valid reason was communicated.
- Due process under TSC or the Employment Act was not followed.
To put it simply, if you were dismissed suddenly without explanation, documentation, or hearing, you are likely a victim of unfair dismissal.
3. Steps to Take Immediately After Dismissal
The moments after being dismissed are emotionally draining. But acting fast and strategically increases your chances of getting justice. Here’s what you should do:
- Preserve Evidence
Keep your termination letter, text messages, emails, payslips, or any communication showing what happened. These will be crucial in proving your case. - Request Written Reasons
Send a formal request to your employer asking for written reasons for your dismissal. Even a simple demand letter can work. - Involve Your Union (KNUT or KUPPET)
Your union can represent you and provide legal support. Teachers who involve unions often get quicker resolutions. - Report to TSC
If you are a registered teacher under TSC, report the matter through official TSC channels. The Commission is obligated to investigate and protect your rights.
4. Formal Legal Procedure
If informal efforts don’t resolve your case, the law provides clear legal steps you can take:
Step A: File a Complaint at the Labour Office
- You must report within 3 months of dismissal.
- The Labour Office will attempt to reconcile you and your employer through conciliation.
Step B: Escalate to the Employment and Labour Relations Court (ELRC)
- If conciliation fails, you can file a case at the ELRC.
- The court can order reinstatement, compensation, or damages.
Step C: Follow TSC’s Internal Process (for TSC Teachers)
- While pursuing legal redress, ensure you also file appeals within TSC’s disciplinary process. This strengthens your case.
5. Remedies You Can Expect
If your claim of unfair dismissal succeeds, you may be entitled to several remedies under Kenyan law. These include:
| Remedy | What It Means |
|---|---|
| Reinstatement | You are restored to your former position, often with full benefits. |
| Compensation | The court orders your employer to pay for lost salary and benefits. |
| Damages | Additional compensation for unfair treatment, stress, and loss of dignity. |
Teachers who keep proper documentation of their dismissal stand a higher chance of receiving these remedies.
6. Sample Demand Letter (Before You Sue)
Dear Principal,
I was terminated from my teaching duties on [date] without notice or a fair hearing. Kindly provide, within 7 days, the reasons and records for my dismissal.
Failure to respond will leave me with no choice but to seek redress through the Labour Office and the Employment and Labour Relations Court.
Yours sincerely,
[Your Name, TSC Number]
A demand letter often forces the employer to reconsider their actions before the matter escalates to court.
7. Teachers’ Unions and Support Systems
The Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET) have consistently fought against arbitrary dismissals. Both unions advise teachers to avoid handling dismissal cases alone. By involving them, you gain legal representation, financial support, and collective bargaining power.
In some cases, unions have negotiated reinstatement without teachers needing to step into a courtroom.
8. Connection to JSS Teachers’ Autonomy Debate
Unfair dismissals have also been at the heart of the ongoing debate about Junior Secondary School (JSS) teachers’ autonomy. Many JSS teachers argue that being under primary school management exposes them to unfair treatment and sudden dismissals by principals.
In fact, recent reports highlighted in TSC Proposes Autonomy for JSS Teachers in 2025 and JSS Crisis in Isiolo: Teachers Demand Autonomy and Protection of Interns show that the issue of dismissal and management is fueling the push for reforms.
By linking unfair dismissal to autonomy, it’s clear that teachers’ welfare depends not just on employment but also on proper management structures that protect them from exploitation.
9. Practical Tips to Protect Yourself Against Dismissal
- Always keep a copy of your employment contract and letters from your employer.
- Avoid verbal agreements; request everything in writing.
- Join and stay active in your union.
- Keep a record of your work performance, including lesson plans and appraisals.
- If threatened with dismissal, consult your union or a lawyer before responding.
10. Final Advice to Teachers
Unfair dismissal is not the end of your teaching career. Kenyan law protects teachers against arbitrary firing, and unions plus legal systems exist to safeguard your rights. The most important thing is not to stay silent—act quickly, gather evidence, and follow the correct channels.
No principal or administrator has the right to wake up one morning and fire you without notice. The law is clear, and justice is available if you take the right steps.
