Tommy Sheridan loses social work job legal challenge

Former MSP Tommy Sheridan has lost a legal challenge to overturn Glasgow City Council's decision not to employ him as a social worker.

The city's Health and Social Care Partnership had said there was an "unacceptable level of risk" in hiring Mr Sheridan due to a past conviction for perjury.

The ex-socialist politician went to the Court of Session claiming the council had acted unlawfully. He told BBC News he had been victimised for his political past.

Judge Lord Young said he agreed with the council's lawyers that the decision could not be judicially reviewed.

Lord Young said Mr Sheridan "enjoys no private law right" to be considered for employment by the city council and was trying to apply broad public law concepts to fashion the right to be considered for such jobs.

He ruled: "If the petitioner's argument was accepted, then it would follow that every applicant for a public sector job in Scotland could potentially challenge the job application process using the judicial review procedure.

"I find that the petition is incompetent for the reasons advanced by the respondent and it falls to be dismissed."

Mr Sheridan served as an MSP for Glasgow between 1999 and 2007 before later retraining as a social worker.

He had applied to become a criminal justice social worker in Glasgow last year, but was rejected and told future applications would not be progressed.

In his job application, he disclosed that he had been given a three year prison sentence in 2011 for perjury, after he lied on oath during a defamation action against the News of the World newspaper.

Earlier this month, Mr Sheridan told BBC Scotland's Scotcast podcast that he had "no doubt whatsoever" that he was being blacklisted by the council.

He said: "I don't think it chimes with the spirit of the Rehabilitation of Offenders Act to hold against someone a 15-year-old conviction.

"Particularly when I've already had to go through a vetting process, a very stiff vetting process from the body that was set up to regulate social care."

Mr Sheridan's lawyer Mike Dailly said the body which regulates social work in Scotland - the Scottish Social Services Council (SSSC) - had assessed Mr Sheridan as being a suitable candidate to work in the profession.

He argued the decision to reject the application was therefore "irrational".

But Lord Young ruled against this, saying the registration with the SSSC simply meant he met the minimum statutory requirement for employment.

He added an employer was entitled to use "additional criteria" when deciding who to interview or offer jobs to, such as prior convictions.

Glasgow City Council said it was "pleased with the court's outcome".

A spokesperson added: "It confirms that our decision not to employ Mr Sheridan based on his previous conviction for perjury was lawful."

Mr Sheridan previously led the Scottish Socialist Party before it fell apart during the high-profile News of the World court case.

He remained involved in politics as a supporter of Scottish independence group Hope over Fear and became a founding member of the Alba party.