A RULING at the European Court of Justice over an Accrington woman has brought about a landmark change in teacher's pension rights.
The lecturer's union NATFHE today revealed that former Accrington and Rossendale College employee Deborah Allonby had won a discrimination case after a seven-year battle for justice.
The case was brought on behalf of the technology lecturer, one of 341 hourly paid lecturers sacked by Accrington and Rossendale College in 1996 and re-employed through agency Education Lecturing Services.
Ms Allonby, who is no longer employed by the college, was backed both by NATFHE and the Equal Opportunities Commission.
It means the judgment against Accrington and Rossendale College, Education Lecturing Services and the Secretary of State for Education and Employment, may have sweeping consequences, as it applies to all national legislation.
John Easton, chairman of Blackburn NATFHE, said: "This ruling has not only put East Lancashire on the map but should send out a clear message through Further Education that we will defend our members to the highest level.
"A case that began here will now help agency workers be squeezed out of the market. At the same time of the Allonby case we entered into discussions with Blackburn College not to use agency teaching staff.
"It is bad news. It causes division among staff that your colleagues are not really your colleagues as they are on different pay, contracts and conditions.
"Thanks to this ruling it is more attractive to employ lecturers directly."
In December 1996 Ms Allonby claimed a redundancy payment and redress for unfair dismissal and indirect sex discrimination against the college.
Further proceedings alleged that the college was discriminating against her as a contract worker contrary to Section 9 of the Sex Discrimination Act 1975, that ELS had to pay her the same pro-rata as a male full-time lecturer in the college and that the Department for Education and Employment was unlawfully denying her access to the teachers' pensions scheme.
The European Court of Justice ruled that the UK government's arrangements, which prevent agency teachers joining the Teachers' Pension Scheme, may have to be overturned if they indirectly discriminate against women if a much lower percentage of women compared to men are able to meet that criterion of the scheme.
A spokesperson for the college said: "The College has fully adhered to government regulations regarding access to pension schemes for agency workers; consequently the outcome of this case, which is a test case for the sector, presents the Government with issues about access to pension schemes.
"The College continues to use agency staff, although this has reduced over the past few years. The judgement has no financial implications for the college."
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