Court of Justice of the European Communities
Allonby
v
Accrington and Rossendale College and others
(Case C-256/01)
2003 Jan 28;
April 2;
2004 Jan 13
President V Skouris, Presidents of Chamber P Jann, C W A Timmermans, C Gulmann and J N Cunha Rodrigues, Judges A La Pergola, J-P Puissochet, R Schintgen, F Macken, N Colneric and S von Bahr Advocate General L A Geelhoed
DiscriminationSexEqual paySame employmentWoman employed by college dismissed and re-engaged as self-employed through agency on less favourable termsClaim to equal pay with male employee at college and to access to teachers' pensionPension only available to employed persons under statutory rulesWhether college employee relevant comparatorWhether comparator necessary for pension claim based on statutory discriminationWhether statutory pension condition defeasible by evidence of indirect discriminationWhether self-employed person “worker” for purposes of Community equal pay provision EC Treaty , art 141 EC
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