A SOCIAL worker has been given the go-ahead to make a test case claim for compensation for not having enough rest between shift work at a children's home.

The claim could spark off hundreds of other similar claims if he is successful.

Paul Emery, of Evesham Road, Cookhill, who works at the Shap Drive Children's Home in Worcester, made his claim against Worcestershire County Council at a Birmingham employment tribunal preliminary hearing.

Mr Emery, who attended the hearing with his wife Karen, said he had been employed by the council at the home for nearly six years.

He said he had been told by the Health and Safety Executive that a worker was entitled to 11 hours rest between shifts.

But he complained that for years he had been having less than 11 hours off.

"If I was on the 3-10pm shift, the management would expect me to be back on duty next morning at 7am to 3.30pm," he said.

"When I complained some time ago I was warned with disciplinary action. As I had a clean record, I decided to carry on under protest.

"I am now 56 and to continue working under these arrangements is not good for my health."

Mr Emery brought his claim under the working time regulations and was opposed by David Elliot on behalf of the county council.

Tribunal chairman Charles Rostant said the hearing was a preliminary one - held to decide whether Mr Emery was entitled to press ahead with his claim.

"My decision is that Mr Emery's claim should go ahead and a full hearing will be heard next year," said Mr Rostant.

Earlier, Mr Emery had applied for approval to make a compensation claim for the unlawful deduction of pay involving his "sleeping in" arrangements.

Mr Emery said his job often involved sleeping at the children's home overnight in case he was urgently needed.

He said he was paid a £29 allowance for sleeping in but believed the sleeping time should become part of his normal pay rate.

Mr Rostant described the claim as an "ingenious argument" but rejected it on legal grounds.

Mr Emery said he enjoyed his job and would carry on working at the home.