A UK employment tribunal has dismissed a disability discrimination claim brought by a frozen food factory worker who said working in cold conditions put her health at serious risk. The case has drawn attention to an important question for both employees and employers: when does the legal duty to make reasonable workplace adjustments actually begin?
The Background
Gabriela Bolohan, a production operative at Solway Foods in Newport, Wales, worked in temperatures ranging from 0°C to 5°C while handling chilled and frozen products.
After being diagnosed with Raynaud’s syndrome, a condition that restricts blood flow to the fingers and toes in response to cold, she requested to be moved to a warmer department. She later told managers she had been advised that working in cold conditions could cause her heart to stop, prompting the company to immediately remove her from the workplace on full pay while seeking further medical advice.
Bolohan argued that her employer failed to make reasonable adjustments and treated her less favourably than another employee who had been transferred to a warmer area sooner. She also claimed the delay amounted to sex discrimination.
However, the tribunal rejected both claims.
Why the Tribunal Ruled Against the Employee
The tribunal concluded that the employer acted appropriately once it became aware of the seriousness of Bolohan’s medical condition.
Rather than allowing her to continue working in cold temperatures, the company:
- commissioned multiple occupational health assessments;
- carried out workplace risk assessments;
- temporarily suspended her on full pay to protect her health;
- later transferred her to a warmer department once medical professionals confirmed she was fit to return with appropriate adjustments.
The judge stated that allowing her to continue working in the cold after she reported the potential risk would have been “reckless and dangerous.”
When Does an Employer Have to Make Reasonable Adjustments?
One of the most significant points from the case is that an employer’s legal duty does not arise simply because an employee experiences health problems.
The tribunal found that the obligation to make reasonable adjustments begins when an employer knows or could reasonably be expected to know that:
- the employee has a disability; and
- the disability places them at a substantial disadvantage at work.
In this case, the tribunal found Solway Foods only had sufficient medical evidence after receiving occupational health reports confirming that working in chilled conditions was no longer appropriate.
Why Comparing Employees Didn't Work
Bolohan also argued that she was treated less favourably than her partner and colleague, who was transferred to a warmer department earlier because of arthritis.
The tribunal disagreed, explaining that the two employees had different medical conditions, restrictions and risks.
Unlike Bolohan, her colleague did not have concerns relating to cold exposure, dizziness, lifting restrictions or an alleged risk affecting his heart. As a result, the tribunal found they were not suitable comparators for a discrimination claim.
The decision highlights several practical steps employers should take when an employee develops a health condition:
- Act promptly when medical concerns are raised.
- Obtain occupational health advice before making decisions.
- Carry out risk assessments where workplace conditions may pose health risks.
- Keep clear records of discussions and medical recommendations.
- Review workplace adjustments as new medical evidence becomes available.
Employers who document their decision-making process are generally in a stronger position if their actions are later challenged.
What Employees Should Know
For employees, the case demonstrates the importance of providing medical evidence as early as possible when requesting workplace adjustments.
A formal diagnosis, GP recommendations or occupational health reports can significantly affect when an employer’s legal responsibilities begin.
It also shows that removing an employee from work is not necessarily discriminatory. Where there are genuine concerns about someone’s safety, a temporary medical suspension may be viewed as a reasonable step to protect their wellbeing.
A Reminder That Every Disability Case Depends on the Facts
Disability discrimination claims are highly fact-specific, and outcomes often depend on what information an employer had at the time decisions were made.
In this case, the tribunal concluded that Solway Foods responded appropriately once it understood the extent of the employee’s medical condition. The judge found the company had gone “out of its way” to support her by seeking repeated medical advice, carrying out detailed risk assessments and ultimately transferring her to a warmer role when it became medically appropriate.
The ruling serves as a reminder that UK employment law balances the duty to support disabled employees with the need for employers to make decisions based on objective medical evidence and workplace safety.
