When are employers required to make reasonable adjustments?

A recent employment tribunal decision dismissed claims brought by a former employee of frozen food manufacturer Solway Foods who alleged the company failed to make reasonable adjustments for her Raynaud’s disease and subjected her to sex discrimination.

Gabriela Bolohan began working at Solway Foods’ Newport facility in July 2024, initially handling chilled and frozen products in temperatures ranging from 0°C to 5°C. Several months later, she was diagnosed with Raynaud’s disease, a condition that can restrict blood flow to the extremities when exposed to cold temperatures. Following a short delay due to the availability of HR and occupational health advice, Solway Foods moved her to what it considered a warmer working environment.

The dispute arose after the employee sought a transfer to work alongside her partner in a different department. Solway Foods declined the request, citing occupational health recommendations restricting her lifting capacity and concerns that the proposed role would expose her to colder conditions. The tribunal heard that Ms Bolohan subsequently raised concerns about the impact of the cold environment on her health and later lodged a grievance alleging a failure to implement reasonable adjustments.

After a period of medical suspension on full pay and later statutory sick pay, the employee returned to work in May 2025. She later brought tribunal claims alleging both disability-related failures and sex discrimination, arguing that her partner had received more favourable treatment.

Employment Judge Stephen Povey rejected both claims. The tribunal found that Solway Foods could not have made adjustments before becoming aware of her condition and, once notified, had taken significant steps to accommodate her. The judge also found no evidence that any alleged differential treatment was related to her sex.

The decision, albeit not a binding precedent because it is an employment tribunal (and not an appellate court) decision highlights the importance of employers engaging with occupational health advice and documenting the steps taken to support employees with health conditions.

Lessons for employers

When managing employees with health conditions or disabilities, the duty to make reasonable adjustments for a disabled employee under the Equality Act 2010 only arises when the employer knows, or could reasonably be expected to know, that the employee is disabled and is likely to be at a substantial disadvantage as a result.

The tribunal found that Solway Foods did not have actual or constructive knowledge of Ms Bolohan’s disability at the key points and therefore no duty to make reasonable adjustments was triggered.

A reasonable adjustment can sometimes be paying an employee their full salary when on sick leave.

Currently, it can be considered a reasonable adjustment in certain circumstances; however it is not a legal requirement and often depends on the facts of the case.

The Court of Appeal has held that an employer’s policy to reduce an employee’s sick pay could constitute discrimination if it fails to reasonably accommodate the worker’s disability and as such the absence from work is caused by the employer’s failure.

However, the Court of Appeal also noted in a separate case that the purpose of disability discrimination legislation is to enable disabled persons to play a full part in the world of work and not to treat them as “objects of charity”.

An employment tribunal will consider numerous factors including the employer’s resources, the length of the absence, if the absence was caused by the employer’s failure to make adjustment, if the employee is able to continue working at the organisation in some capacity, and the employer’s sick pay arrangement. Where an employer already provides a generous sick pay scheme, a tribunal may be less likely to conclude that extending full pay further is a reasonable adjustment.

What should employers do?

For employers seeking to reduce the risk of a similar claim, they should strengthen procedures for the early identification of potential disabilities. Whilst Solway Foods was ultimately found not to have knowledge of the disability, the decision does show that a less robust process could have led to a very different outcome.

Employers should:

1. Ensure employees have clear opportunities to disclose disabilities or health issues throughout employment and especially at the recruitment and induction stages.
2. Document any conversations or disclosures about health conditions thoroughly and securely.
3. Ensure managers and HR are trained to recognise potential signs of disability and seek expert advice (e.g. occupational health) when any health concern is raised, to assess whether the employee may be disabled under the Equality Act and what adjustments might be appropriate. In this case, Solway Foods was found to have acted properly following the Occupational Health referral.
4. Keep a clear record of the process followed when considering and implementing any reasonable adjustments, including what was considered, what was agreed, and any reasons for not implementing certain adjustments.
5. Regularly review adjustments to ensure they remain appropriate as circumstances change.

6. Promptly refer employees to occupational health or seek medical advice as soon as health concerns arise and consider interim adjustments even before formal disability status is confirmed.

Employers who are proactive in identifying and responding to potential disabilities will be in a much stronger position both to defend claims and to support their employees effectively.

If you have questions or concerns about an employment tribunal claim, please contact Emma Clark.