Same Job, More Work, But No Salary Increase? When It Becomes Illegal

At some point in your career, it happens quietly.

• A colleague leaves.
• Another is retrenched.
• Workload increases

And suddenly—you’re doing the work of two or three people…
…but your salary hasn’t changed.

At first, you tell yourself it’s temporary.
Then months pass.

The real question becomes:
Is this just workplace pressure—or is it actually unlawful?

When “More Work” Becomes a Problem

Let’s be clear:
Employers can assign additional responsibilities.

That’s normal.

But there is a line—and many professionals don’t know where it is.

The situation becomes problematic when:

• Your workload increases significantly and permanently
• Your role expands beyond your original job description
• There is no review of pay, title, or contract terms

At that point, it may no longer be “extra responsibility.”
It may be unfair labour practice.

What the Law Says (In Simple Terms)

Under Kenyan employment principles:

• Your job is defined by your contract
• Any major change to your role requires:
  • Consultation
  • Agreement
  • Often, revised compensation

An employer cannot:

• Quietly redesign your job
• Increase responsibilities indefinitely
• Avoid adjusting your pay

That’s not flexibility—that’s exploitation dressed as opportunity

⚖️ Case Law: When Courts Step In

Elizabeth Washeke & 62 others v Airtel Networks (K) Ltd

What happened (simplified):
Employees were assigned additional duties and responsibilities without corresponding changes to their contracts or compensation.

What the court emphasized:

• Employers must not impose substantial changes to an employee’s role without proper process
• Where duties expand significantly, employees may be entitled to:
  • Reclassification
  • Adjusted remuneration
  • Or legal remedy

Why this matters to you:
The court recognized that increasing workload without proper adjustment can amount to unfair labour practice.

The Subtle Trap Mid-Level Professionals Fall Into

At your level, the pressure is different:

• You want to be seen as reliable
• You’re positioning yourself for promotion
• You don’t want to seem “difficult”

So you:

• Say yes to everything
• Absorb extra responsibilities
• Wait to be noticed

But here’s the reality:

The longer you do more work without pay, the more it becomes your “new normal.”

How to Tell If You’ve Crossed the Line

You’re likely in a risk zone if:

• You’ve taken over another full role for months
• Your KPIs have doubled—but your title hasn’t changed
• You’re accountable for outcomes outside your original scope
• Your workload increase is permanent, not temporary

What You Should Do (Without Burning Bridges)

1. Document the Change

List:

• Your original role
• New responsibilities added
• Timeline of changes

2. Initiate a Professional Conversation

Frame it around value:

“My role has expanded significantly over the past X months. Can we review my scope and compensation to reflect this?”

3. Push for Clarity—Not Promises

Avoid:

• “We’ll see in the future”
• “Let’s revisit next year”

Ask for:

• A timeline
• A clear outcome

4. Know When to Reassess Your Position

If:

• There’s no acknowledgment
• No adjustment
• No timeline

Then you’re not growing—you’re being used to fill gaps.

Final Thought

Most professionals don’t lose out because they lack capability.

They lose out because:

• They over-deliver without boundaries
• They assume effort will automatically be rewarded

But in reality:

Unstructured extra work rarely leads to structured rewards.

Understanding where the law draws the line helps you:

• Advocate for yourself
• Negotiate from a position of strength
• Protect your long-term earning potential