Worker Takes Frozen Food Employer to Tribunal Over Cold Conditions
Gabriela Bolohan, an employee at Solway Foods Limited's site within the 2 Sisters Food Group's prepared-meals facility in Newport, brought an employment tribunal claim against her employer, alleging that her workplace was excessively cold and that reasonable adjustments were not made for her medical condition.
Bolohan began working at the Newport site in July 2024. Several months later, she was diagnosed with Raynaud's disease, a condition affecting blood circulation, particularly in response to cold, anxiety, or stress.
She claimed that she informed her supervisors that continuing to work in the cold environment could cause her heart to stop and alleged that the company failed to accommodate her condition appropriately.
However, the tribunal judge dismissed these claims, noting that the nature of the business involves chilled and frozen food production. The judge acknowledged that the management team had implemented changes to enable Bolohan to return to work safely and healthily.
The Rogerstone facility employs approximately 1,600 staff who produce various chilled ready meals.
Work Environment and Medical Condition
According to tribunal documents, Bolohan initially worked handling chilled and frozen products in an area where temperatures ranged between 0°C and 5°C.
After her diagnosis, the occupational health team assessed her and deemed her fit to work but recommended relocating her to a warmer working environment.
Raynaud's phenomenon causes impaired blood flow to extremities such as fingers and toes, triggered by cold, anxiety, or stress.
Requests and Company Response
In February 2025, Bolohan attended a welfare meeting where she requested to work alongside her partner in a team responsible for packing and stacking tasks.
This request was denied because medical advice recommended she should only lift a maximum of 5kg due to previous symptoms including dizziness, fever, and bone pain.
Additionally, she was informed that working in the same team as her partner was inappropriate because she had been moved to a warmer area dealing with chilled products rather than frozen products.
Bolohan responded that the workplace assigned to her was the only option provided and that it remained cold and frozen.
"I went to A&E after work and was told that due to me working in the cold, my heart may stop."
Although Bolohan contested the accuracy of the meeting minutes and denied stating that her heart was at risk, the judge rejected this assertion.
Medical Suspension and Subsequent Developments
Following the welfare meeting, Bolohan was placed on medical suspension with full pay.
In March 2025, during a meeting with a human resources employee, she stated that her heart was no longer an issue.
"When I went to the doctors, they told me it wasn't anything to do with my heart and they thought it was a pulmonary embolism. But they couldn't find anything for that."
Subsequently, Bolohan was moved from medical suspension to statutory sick pay.
In April 2025, she raised a grievance concerning her placement on statutory sick pay and alleged that the company failed to implement reasonable adjustments.
She returned to work in May 2025, but her grievances were not upheld by Solway Foods.
Employment Tribunal Proceedings
During the employment tribunal held in April 2026, Bolohan claimed that the company breached its duty to make reasonable adjustments and submitted complaints of direct discrimination on the grounds of sex.
Tribunal documents revealed she compared her treatment to that of her partner, noting that he had been transferred to an area known as the potato plant in March 2025, whereas she was not moved there until May 2025. She alleged this delay constituted less favourable treatment due to her gender.
Employment Judge Stephen Povey found Bolohan's comparison to be misplaced, stating the circumstances were materially different.
"The claimant has been unable to point to anything she relies upon to support her contention that the supposed differential treatment was because of her sex,"
he added.
Both claims of sex discrimination and failure to make reasonable adjustments were dismissed.
The judge also concluded that since Solway Foods was unaware of Bolohan's disability prior to her employment, it was not feasible for the company to have made reasonable adjustments beforehand.
Upon learning of her diagnosis, the judge found that the company went to considerable lengths to facilitate her safe return to work.
"There was no breach of the duty on the respondent to make reasonable adjustments, the complaint is not made out and it is dismissed."
