Employment, Pensions & Incentives

Employment, Pensions & Incentives

Employment, Pensions & Incentives in the workplace are rarely straightforward and yet they are high on the list of priorities for all concerned.

A well-designed human resources policy covering employment, pensions and incentives is not just for the purpose of being tax-efficient; but it can motivate staff to achieve levels of performance that go far beyond the norm.

Our Employment, Pensions & Incentives team will work closely with their employment, corporate, tax, regulatory, and financial services colleagues to ensure you receive the most up-to-date advice provided in a way that is clear, concise, and easy to understand.

If you would like to find out more about what Employment, Pensions & Incentives legal services can be offered by our law firm to you or your business, please contact us on +254 20 2100 999 or email us at solutions@clay-law.com for a free initial chat about any Employment, Pensions & Incentives legal issue.

Employment, Pensions & Incentives

Employment & Labour

We are able to advise a wide variety of industries on the full spectrum of employment counseling, agreements, litigation, investigations, strategies, infrastructure, problem-solving, and dispute resolution.

This means that we understand both sides of an employment dispute and can navigate claims knowing exactly what strategies to use for your success in court or arbitration.

Redundancy & Restructuring

Change is an inevitability with most businesses.

Our team is experienced in advising on all change management issues, and the redundancy process for both private and public sector organizations. They also have extensive expertise in dealing with redundancy situations relating to business transfers and changes in service providers.

Workplace Injuries

Health and safety law naturally applies to all employers and workplaces. Written safety management systems are crucial, and regular consultations with employees and their representatives on such policies are essential.

Our health and safety experts can assist in drafting, implementing, and auditing such systems. Additionally, we are able to support and advise the business if things do go wrong and result in a workplace accident. In such circumstances, it is essential to call us in as early as possible to help manage the financial and reputational risks associated with such incidents.

Termination of Employment

The termination of a contract and the subsequent drafting of a mutually beneficial comprise agreement is no easy feat. We are aware that the pension aspect of these agreements is often contested, particularly when it affects a senior executive. We have vast experience in guiding clients through this process to ensure the best outcome for our clients.

Pension Scheme Documentation & Handbooks

Our team of experts regularly draft and review documentation that set out the pension rights of employees. We work closely with our clients to fully comprehend their business to ensure that their benefits correlate and that all documentation, contracts, and handbooks are updated regularly to ensure any legislative changes have been considered.

Count On Us

We all share the same common goals – to deliver legal advice of the highest quality that is clear and easy-to-understand for our clients and meets their specific needs at competitive rates (including fixed fees wherever possible to deliver value for money and budget certainty).

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Mon- Fri: 8.00 am – 5.00 pm

Our Employment, Pensions & Incentives Services

Employment & Labour Disputes

Our team helps to defend employers against individual plaintiff employment claims, as well as employment-related class action claims. The team at Clay & Associates Advocates stands ready to act for public and private companies, boards of directors, senior executives, investment funds, nonprofits, trade associations, and government contractors. We have acted as strategic employment counsel for numerous national and international companies.

On the other hand, our team is adept at pursuing individual employment claims against employers. Whether it’s cases involving claims by employers alleging breach of contract, discrimination of all types, sexual and other harassment, whistleblowing, retaliation, salary violations, pensions violations, trade secret theft, noncompetition agreements, employee raiding, shares and share-option disputes, and officer fiduciary duties, we have the right mix of experience and know-how to ensure that we help our clients achieve their goals.

While our lawyers devise highly effective and efficient techniques for defending such claims, we do not litigate with a “knee jerk” or formulaic approach.  Rather, we will start by identifying your desired outcomes and develop and execute strategies for reaching those objectives, and we try to do this in the pre-litigation phase.

Compensation & Benefits

We will work with you and your company as an employer on projects driven by special needs, including employee pensions & incentives issues whenever they are raised by mergers and acquisitions, workforce reductions, equity incentive programs for employers with expanding operations and shareholder relation issues related to say-on-pay proposals, for the full lifecycle of your company.

We are well versed in all aspects of executive compensation, including public disclosure under CMA rules; institutional shareholder and proxy advisory firm “hot buttons”; the design, drafting and implementation of a wide range of compensation plans; and the tax, capital markets & securities law, labour and corporate governance aspects of pensions & incentives programs and policies. We have extensive experience in formulating and negotiating employment and severance arrangements for senior executives, including change in control agreements and indemnification agreements, and dealing with “golden parachute” issues.

Our firm’s lawyers have deep experience with the retirement benefits laws and regulations in Kenya this means that we are ready to help you and your company navigate the regulatory landscape, including compliance issues whenever they arise. We will also represent your company at both the Retirement Benefits Tribunal and the Capital Markets Tribunal.

Employee Share Ownership Plans

Employee Share Ownership Plans or ESOPs are normally established by listed companies subject to the approval of the Capital Markets Authority. However, private companies can still set up Employee Share Ownership Plans.

The structure of an ESOP takes the form of a unit trust through the operation of a trust deed. This means that the money collected from employees is pooled and employees receive units instead of shares.

Our law firm will come in and help your company to structure an ESOP ensuring that the right structure is adopted whether its a share option scheme, share purchase scheme, or a share gifting scheme.

We will also incorporate our tax, corporate services, and employment teams to ensure that the full spectrum of considerations has been analyzed on your company’s behalf. We will obtain all necessary consents from the relevant regulatory bodies to ensure that your ESOP does not run afoul of any laws or regulations.


Our incentives lawyers advise clients on broad-based employee share schemes as well as short-term and long-term incentives.

We also help introduce equity incentive arrangements, cash-settled bonuses, and deferred incentives. We tailor our advice to ensure that any schemes we help to establish are best suited to our clients’ employee culture and are compatible with any share incentive arrangements that they already have in place.

Closure & Winding Up of Pension Schemes

We are able to work with our clients to ensure that a pension scheme is properly closed to new members, future service accrual, or completely wound up.

The process of closing or winding up a scheme is a long process and we have the necessary expertise to advise on all aspects from ensuring the process is followed legally to giving notice, reviewing communications with employees, following the consultation process, through to preparing legal documents that give effect to the closure/ wind up and alerting the required authorities of the move.

Restrictive Covenants

Confidentiality and the protection of a business’ intellectual property is paramount.

We have considerable experience in advising clients on how to protect their businesses through the drafting and advising on the enforceability of restrictive covenants, confidentiality agreements, and IP clauses. We can also help guide our clients through enforcement proceedings in the High Court.

Disciplinary & Grievance Training

Our dedicated team of employment lawyers are experts when it comes to employment rights and often guide management or disciplinary committees in companies through disciplinary, grievance, and other internal proceedings.

They are also on hand to provide training to managers to ensure that no claims are brought against them.

CONTACT CLAY & ASSOCIATES ADVOCATESCall us today, e-mail us or leave a message.

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