On 17th April 2025, our firm was honoured to collaborate with Centonomy Limited for a powerful session with HR practitioners focused on a critical but often overlooked subject: psychosocial safety in the workplace.
As lawyers, we see time and again how informal office behaviours—comments made in jest, traditions passed off as “just how things are”—can escalate into serious legal issues when left unchecked. The forum gave us a chance to unpack why psychosocial safety is not just an HR issue—it is a legal one too.
What is Psychosocial Safety?
Psychosocial safety is about creating a workplace where employees feel mentally, emotionally, and socially safe. It goes beyond the physical—this is about how people are spoken to, how they are treated, and whether they feel respected and included.
During the session, we gave real-life examples:
- Referring to a male colleague as “the office baby boy”
- Jokes about how a female colleague “really knows how to dress”
- Resistance to being served tea by male employees
- Dismissing emotional discomfort as “being too sensitive”
These may seem like “small things”—but small things add up. They create cultures of exclusion, discomfort, and often, harassment.
What Is and Is not Appropriate?
Appropriate behaviour in a workplace respects personal boundaries, values professionalism, and avoids assumptions based on gender, age, or background. It means feedback is constructive, humour is inclusive, and tasks are assigned by role—not social norms.
Inappropriate behaviour includes sexist jokes, forced nicknames, unwanted physical contact, or expecting women to serve refreshments simply because they are women. These actions, especially when repeated, amount to harassment and sometimes even bullying.
Case in Point: Ooko & Another v SRM & 2 Others [2022] KECA 44
This case is a landmark reminder of what happens when employers fail to take action.
The claimant, a female employee at a major security company, reported unwelcome sexual advances by a senior colleague. Instead of investigating the complaint thoroughly, management trivialised the issue, failed to take action, and later terminated her employment citing performance concerns.
The Court of Appeal upheld the Employment and Labour Relations court’s finding that the employer breached its legal duty to investigate the complaint and eradicate the harassment. It emphasized that the standard is nott whether the conduct was offensive by HR’s or management’s standards, but whether the victim reasonably found it unacceptable.
Most importantly, the Court reiterated that employers have a positive obligation—not only to respond to complaints of sexual harassment, but to ensure that it does not happen again. Failure to do so resulted in an award of Kshs. 2.9 million in compensation for unlawful dismissal.
Key Takeaway
If it would make you uncomfortable to hear it said to someone you love, it probably does not belong in the workplace. The standard is no longer intent—it is impact.
How We Can Help
At Anne Babu & Company, we support organizations looking to proactively strengthen their workplace culture and comply with legal standards. Our services include:
- Tailored Training for HR, management, and staff on workplace conduct, harassment prevention, and psychosocial safety
- Policy Development & Review to align with Employment Act requirements and best practices
- Legal Advisory & Representation in the event of complaints or litigation
Taking proactive steps today protects your employees—and your brand—tomorrow.
Talk to us to explore how we can support your organization.
Researched and compiled by Nicholas Weru, Partner. For further advice on any matters raised, please feel free to contact Nichols through nweru@abadvocates.co.ke.
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