A factory worker's lawsuit against her employer, Solway Foods, alleging sex discrimination and failure to make reasonable adjustments due to cold working conditions, has been dismissed by an employment tribunal. Gabriela Bolohan, who has Raynaud's disease, a condition that affects blood flow in cold temperatures, sought a move to a warmer environment within the company's frozen food production facility.
Ms. Bolohan began working at Solway Foods' Rogerstone site in Newport, Wales, in July 2024 as a Food Production Operative. She initially worked in the 'Dolly Up' area, where temperatures ranged from zero to five degrees Celsius, packing chilled and frozen recipe meals. In October 2024, she reported experiencing dizziness, fever, and pain, and was referred to occupational health. She was subsequently moved to the 'Pod' area, which handled chilled products.
By December 2024, Ms. Bolohan was diagnosed with Raynaud's Syndrome and formally requested a transfer to a warmer area, specifically suggesting the potato plant where her partner worked. She informed her shift manager that she had been advised her heart could stop if she continued working in cold conditions. The company placed her on medical suspension in February 2025, citing concerns about her health and the need for risk assessments.
Employment Judge Stephen Povey stated in his ruling that the nature of Solway's business, which involves producing chilled and frozen meals, necessitates a cold working environment. The tribunal heard that Ms. Bolohan did not inform the company of any illnesses or disabilities at the time of her hiring. The judge concluded that the company met its duty to make reasonable adjustments once they were made aware of her condition and the associated risks.
"In my judgement, [Solway] acted promptly upon receipt of the advice from OH and [Ms. Bolohan's] GP," the judge said. "It was not until receipt of the advice from the medical professionals that the duty was further triggered, since it was not until then that [Solway] could have reasonably and objectively known that working in the Pod was placing [her] at substantial disadvantage because of her disability."
The tribunal found that Solway Foods' decision to suspend Ms. Bolohan was appropriate and necessary given her stated concerns about her heart. The company then explored various options to support her return to work. In May 2025, Ms. Bolohan returned to work in the potato plant, a compromise deemed safe and workable by the company. Her grievances, raised in April 2025 regarding her treatment and alleged failures to implement adjustments, were not upheld by the company, and the tribunal ultimately dismissed her claims.