Frozen food worker loses ‘too cold to work’ tribunal claim -

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June 29, 2026

Frozen food worker loses ‘too cold to work’ tribunal claim

A worker at a frozen food company who took her employer to tribunal because her working environment was too cold has lost her claims.

Gabriela Bolohan worked at Solway Foods in Newport, Wales shortly before she was diagnosed with Raynaud’s Syndrome in December 2024. This is a condition where small blood vessels in fingers and toes can go into spasm, restricting blood flow in response to cold or stress.

Soon after her diagnosis, she asked to be moved to a warmer environment but initially did not receive a response from the HR team due to absence.

An occupational health appointment suggested she be moved to a warmer working environment, and she was later issued with a fit note by her GP, again recommending a move to a warmer environment.

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She was moved to an area known as the “Pod”, which was warmer, but repeatedly asked to be moved to where her partner worked, in packing and stacking.

She was told this would not be appropriate as she had health issues with lifting, and then shared a message claiming she had visited A&E after work where she was told “due to me working in the cold, my heart may stop”.

On advice, the HR department placed her on medical suspension in February 2025 so it could “conduct a detailed risk assessment to ensure both your fitness for work and your health and safety in the workplace”.

The tribunal noted that Solway had acted consistently with being told a concerning piece of medical information, and ruled that the suspension was appropriate.

Bolohan’s partner, Petru Ghiarasim, also met with HR to discuss adaptations for arthritis in his fingers and toes and the possibility of moving to a warmer environment. He asked to work with his partner.

HR responded: “You may be a couple but here you are individuals. Gabriela has serious medical issues, and she isn’t fit to work in dolly up at all, so we will move her straight away where we can and we may not be able to move you both together.”

While she was suspended, HR undertook a number of risk assessments of alternative locations for her work, taking into account her issues with the cold, with lifting and general health, the tribunal heard.

Once again, she asked to be placed with her partner, who had gained a position in the potato plant. HR and the occupational health team responded that they felt she was “currently unfit for work” but that it would continue to risk-assess potential areas.

In April 2025, Bolohan raised a grievance about her treatment, claiming the company had failed to offer reasonable adjustments and had placed her on statutory sick pay. She then started Acas early conciliation.

The grievance was not upheld and she appealed, which was unsuccessful.

The tribunal found that her claim for direct sex discrimination was unfounded. Her attempt to use her partner as a comparator was “misplaced” as their circumstances were “materially different”, according to employment judge Stephen Povey.

The fact that the company had promptly acted on medical advice to suspend her rendered claims of a lack of reasonable adjustments unfounded.

“It was not until receipt of advice from the medical professionals that the duty was further triggered, since it was not until then that the respondent could have reasonably and objectively known that working in the Pod was placing the claimant at substantial disadvantage because of her disability,” the judgment said.

Once it knew of her diagnosis, Solway went out of its way to help her to return to work, it added.