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Itinerant technician Sören Bergström had long battled obesity. Tasks included trips to clients for cleaning machine repair. Various events in life led to a downward spiral that deteriorated his physical and mental health. When he suffered a retinal detachment that caused loss of vision, the weight problems escalated. He was on extended sick leave. Back at the workplace, they sent him to the occupational health service without knowing what it was about, says Sören Bergström.
– The doctor asked how I really felt. Then it exploded. It felt great talking to someone. I never looked for the help I needed, he says.
It was found that Sören Bergström suffered from a deep depression. With the medication, the light began to slowly return. Mental health improved and Sören Bergström started physical therapy (physical therapy) and would undergo regular health checks. After sick leave, he had to return to work on a temporary job in the company workshop. The rehabilitation plan aimed to return Sören Bergström to his old position, but he was fired instead.
– I think it’s so bad. I’ve been employed for so long and then when you get old and sick, this happens. There should be some empathy. I have removed one and another crown in my days, says Sören Bergström.
“I’ve been employed for so long and then when you get old and sick, this happens,” says Sören Bergström.
Photo: Eva Tedesjö
The repair company is sued now by the Union for Discrimination. Sverker Wickberg, Unionen’s attorney and head of the case, sees shortcomings on the basis of the firing.
– We think you have done the job well after the relocation. He has been able to do the work from the company workshop and it has been beneficial to the company, so he should not be fired for personal reasons, says Sverker Wickberg.
The company is not considered to have adopted so-called reasonable accommodation measures, which involve changes in tasks, schedules or working methods.
– We believe that the rehabilitation attempts stopped. There were not enough measures in the plan for him to have a reasonable chance of being rehabilitated. You have tried to follow the plan but the objectives have not been met. Instead, he was fired, says Sverker Wickberg.
The Union is right the employer out of a total of 130,000 SEK for discrimination and violation of the Employment Protection Act, read.
– There is no factual reason why he was fired because he actually performed tasks that were useful to the company, says Sverker Wickberg.
Kollega newspaper has previously reported on the case.
Obesity linked to permanent disability may require companies to make workplace adjustments to meet the requirements imposed on an employer. Otherwise it may be discrimination. On the other hand, what applies if it is not an overweight linked to a disability is less clear, according to Sverker Wickberg.
– It is an untested land. It is possible to imagine such a dismissal situation with respect to certain special occupations of a more physical nature. As for the members of the Union, private sector officials, however, I do not see that this could be a valid reason for the dismissal, he says.
DN has requested the company in question.
