A factory worker's lawsuit against her employer, Solway Foods, claiming she was forced to work in excessively cold conditions and that the company failed to make reasonable adjustments for her medical condition, has been dismissed by an employment tribunal.
Gabriela Bolohan, who works as a Food Production Operative at Solway Foods' Rogerstone site in Newport, Wales, began her employment in July 2024. She produces chilled and frozen recipe meals. Ms. Bolohan has Raynaud's disease, a condition that affects blood flow to the extremities and is triggered by cold temperatures.
Initial Working Conditions and Health Concerns
Ms. Bolohan initially worked in the 'Dolly Up' area of the plant, packing, stacking, and handling chilled and frozen products, where temperatures ranged from zero to five degrees Celsius. In October 2024, she reported experiencing dizziness, fever, and muscle and bone pain. Following a referral to occupational health, she was moved to the 'Pod' area, working with chilled products. In December 2024, she was diagnosed with Raynaud's Syndrome and formally requested a transfer to a warmer environment. She suggested moving to the potato plant, where her partner worked, as it was warmer.
Tribunal Ruling
At a tribunal hearing in Cardiff, Ms. Bolohan's claims of sex discrimination and failure to make reasonable adjustments were unsuccessful. Employment Judge Stephen Povey stated that the nature of Solway Foods' business, which involves chilled and frozen meals, inherently means the working environment is cold. He noted that Ms. Bolohan did not inform the company of any illnesses or disabilities when she took the job.
The judge found that Solway Foods had acted appropriately upon receiving medical advice. Ms. Bolohan had told her supervisors that her heart might stop if she continued working in cold areas. The company placed her on medical suspension in February 2025, citing concerns for her health and the need for risk assessments. Judge Povey ruled that suspending her in these circumstances was a "correct, proper and reasonable" action, and not an attempt to deny her a warmer working environment.
The tribunal determined that the company met its duty to make reasonable adjustments. When Ms. Bolohan returned to work in the potato plant in May 2025, her grievances about her treatment, including her placement on statutory sick pay and alleged failures to implement adjustments, were not upheld by the company. The judge concluded that the company could not have reasonably been expected to make adjustments before her Raynaud's diagnosis, and that they acted promptly and reasonably once aware of the situation and its potential risks to her health.