What a confirmation letter is — and why probation must be closed properly
A confirmation letter formally ends an employee’s probation and makes their employment permanent. In Kenya most employment begins with a probationary period during which either side can end the relationship on short notice — seven days under section 42 of the Employment Act, 2007. The confirmation letter is what closes that chapter.
Getting it in writing matters more than employers realise. Once an employee is confirmed, the notice period and job protections change: a confirmed, monthly-paid employee is entitled to the fuller notice in their contract (commonly one month under section 35) and to the full protection against unfair termination. Silence at the end of probation leaves it unclear which regime applies.
A good confirmation letter states the original role and start date, that probation was satisfactory, the effective date of confirmation, and the notice period that now applies. It is a short letter, but it is the document that says, clearly, “you are now permanent.”
What a confirmation letter should include
- ◆The employee’s role and original start date
- ◆That the probationary period was completed satisfactorily
- ◆The effective date of confirmation
- ◆The notice period that now applies (commonly one month for monthly-paid staff)
- ◆Confirmation that all other contract terms continue
- ◆The name and title of the person confirming, on company letterhead
Common mistakes to avoid
- ✕Letting probation lapse silently — leaving it unclear whether the employee is confirmed
- ✕Confirming without stating the post-confirmation notice period
- ✕Confusing confirmation with promotion — this makes employment permanent, it doesn’t change the role
- ✕Not putting it on record — a verbal “you’ve passed” isn’t evidence
Questions
How long can probation last in Kenya?
Under the Employment Act, a probationary contract may run up to six months, and can be extended once, with the employee’s agreement, for up to a further six months. Many contracts use three months. During probation, either party can terminate on seven days’ notice.
Does an employee become permanent automatically if I don’t confirm them?
In practice, letting the maximum probation period pass without acting is treated as confirmation, and the ambiguity works against the employer. It is far cleaner to confirm — or, if performance is poor, address it — in writing before probation ends.
What changes when an employee is confirmed?
The notice period usually lengthens to the contractual or statutory notice (commonly one month for monthly-paid staff under section 35), and the employee has full protection against unfair termination — a valid reason and a fair procedure are then required to end their employment.
Is a confirmation letter legally required?
It isn’t strictly mandated, but it is strongly advisable. It removes any doubt about the employee’s status and the terms that now apply — and it is the record you will rely on later.
Can I confirm and change salary in the same letter?
Yes — many employers give a small increase on confirmation. State the revised remuneration and the effective date. If it is genuinely a new role, use a promotion letter instead.
This tool is free to write and preview, and gives you an editable draft — adjust the wording to your situation. Downloading a clean PDF without the small watermark is KES 50 in Kenya (a one-off) and free elsewhere. It is a template, not legal advice; for a contested or high-value matter, have an advocate or HR professional review the letter before you issue it.