All good advice so far - Whilst you haven't resigned, and I don't think they're comfortable with the situation, it's a bit of a stalemate situation. I think they'd be happier for you to resign but compensate you for it rather than going down the tribunal route and possible backlash. However, the backlash could work both ways - although if you're bringing tribunal action against your employers, as the one bringing the action, you may have the option of keeping it confidential. I'm no expert though so yes, I would seek professional advice.

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I haven't stolen any Pineapples, but they are a great prog rock band!

I havent stolen any Pineapples, but they are a great prog rock band!

Hi RunningMan,

Well done for returning to work under what I imagine to be difficult circumstances. Reading the reactions of your colleagues is something I'm sure all of us have experienced where you find out who your friends really are. It's an oft repeated sentiment on here that you should use the support of your friends and colleagues and as Deb said above, in a short while it will all be yesterdays news.

It does sound like your department manager has over-reacted by moving so quickly to suspend you less than 24 hours after you had returned to work. The reason sounds rather wishy-washy too.

As your employers sound as though they have been supportive during the process, I would assume that they may have realised that they should have made more provisions for your return with your colleagues. I refer again to Deb's post about a line manager reminding staff about harassment and bullying.

If it helps, here are the employment rights from the Citizen's Advice Bureau.

I hope it all turns out well for you and it's good that you have updated us.

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I haven't stolen any Pineapples, but they are a great prog rock band!

I havent stolen any Pineapples, but they are a great prog rock band!

Hi RunningMan

It sounds as though both you and your employers are doing the right thing. The positive exit strategy is an interesting tactic by both of you and shows that you are both willing to do what's best and not leave each other open to any sort of litigation.

With regards to bad references, the official guidance on references states that a reference must be fair and accurate. 'No such thing as a bad reference' is a bit of an urban myth.

I hope it gets resolved to your satisfaction because at the end of the day, you've been utterly compliant.

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I haven't stolen any Pineapples, but they are a great prog rock band!

I havent stolen any Pineapples, but they are a great prog rock band!

*UPDATE #5*
More developments, but not in the direction I wanted!

This week (Wed 8th) the main Manager of the Warehouse rang me. He said the investigation is now complete. He would not tell me what the outcome of this might be. Instead he asked me to come in for an informal meeting to discuss the next step. At this meeting he said they wanted to try and find a way forward without going down the formal route of discussing the investigation outcome. I had also said I was willing to discuss a 'positive exit strategy'. Initially I was pleased they wanted to talk, however, as the meeting went on, it soon became clear to me they have no intention of helping. The Manager did not think it would be possible for me to return to the Warehouse. The other option was a move to another area of the Business. He said he would look into it. He did not seem very positive this would work. So the final option is my resignation. He told me he could not tell me to resign. Instead, he was asking what it might take for me to consider this eg extend my notice period, guarantee reference etc.

I said I was not making any decision as I wanted to see what other jobs may be available and to go down the transfer route. This seems fair, especially as have done nothing wrong. He promised to ring me the next day to let me know about job availability. He did ring to tell me they will not be transferring me to another area of the business. The reason given to him by HR is that the chance of this happening again (ie people googling my name) is highly likely, so it is not worth it. I pointed out that as an employee, I do have a right to a transfer (as stated in our Staff Handbook) and speculating on something that might or might not happen is no sound legal basis for such an important decision. I'd been there for over 18 months with no problems what so ever. Changing my name might also be a quick and simple solution.

He is waiting for written confirmation of this decision from HR then will ring me this coming week. I think this is all 'lip service' and they are simply moving towards the inevitable. I plan to stand my ground for now: resigning would make everything nice and easy for them. However, this can't go on indefinitely especially now they clearly want to get rid of me, either by putting pressure on me to resign or simply dismissing me and letting me fight it from the 'outside' as an ex-employee.

Any thoughts?

*UPDATE #4*
This week I was asked to attend a second informal meeting with the manager conducting the investigation into my suspension. It was short but sweet. Before being suspended, I had discussed with my line manager a possible 'positive exit strategy' if I was unable to continue to work in my current role. This might include support to find a job elsewhere in the business, a guarantee of a good reference and other options. We never explored any of these options as I was suspended shortly after. However, at this most recent meeting the investigating manager asked more about this and what I might be willing to consider.

Clearly this is no guarantee of anything! I know they may still continue down the disciplinary route. However, I was able to state plainly I am open to negotiation and for the first time they seemed to be listening. I also made clear that dismissing me (and rendering me virtually unemployable), will leave me no choice but to resort to more formal avenues of relief. I would also speak to a solicitor if they do make any offer to ensure I am being treated fairly under UK employment law provisions.

For the first time I felt a bit more positive and, after six weeks off, I really want to see this resolved so I can move forward, even if it means finding another job.

*UPDATE #2*
Thanks to all of you for the feedback and comments. After nearly a month of being suspended, I received a phone call this afternoon (9/3) inviting me to attend an 'Investigation Meeting' on Wednesday. I am being investigated for creating an 'untenable working environment' and 'potentially bringing the company into disrepute'. This is the first I have heard of it. It feels like I am being scapegoated for other people's reactions when I have done nothing wrong. The Manager conducting the investigation was given the case last week. Why it has taken three weeks to do that I am not sure. She wants to meet with me first to get some information. Although this is a first step, they seem to have decided to go down this formal route probably with a view to getting me out. I have taken some legal advice. Most lawyers were not interested unless I paid up front (one wanted over £3000!). However, one gave me some free advice over the phone. I do have a good case but a lot would depend on what the business did next. Once I know that, she recommended I give her a call and make an appointment for an hour's consultation (£200+VAT!!!). She would then be able to advice on my specific situation.

The stage is set. I will let you know how it goes....

*UPDATE #3*
The meeting went about as well as could be expected. They have decided to investigate me for "A breakdown in working relationship between Staff Member, Department and Branch due to a prior conviction that could cause reputational damage [to the Business]." Minutes were taken and I received a copy of them at the end.

I put across the basics of my case and my own concerns about their handling of it. I also asked some questions about a possible breach of confidentiality that may have 'tipped off' another staff member to google my name in the first place. I came away feeling I had 'set my stall out' and, if they choose to take disciplinary action, I have a strong and robust case. They are now investigating further and will come back to me in due course.

Thanks to all for the advice - especially Debbie on the helpline - watch this space for future updates.

*UPDATE #7*

This week I spoke with a solicitor. She agreed that I had been unfairly dismissed but because I have not worked there for two years, I have no legal recourse. I am, therefore, unable to pursue the company for unfair dismissal. How frustrating! My only option is to appeal the decision through the company's internal appeal process. My solicitor will also look at any other possible avenues or angles that may assist my case but the simple fact is: the law is not on my side. It seems entirely unjust that those who want to work hard, do well and rebuild their lives after making bad choices can be treated like this. However, that is the state of play in this instance.

So what's next? I will appeal and see what happens. Yes, it is disappointing to be in this position, but I plan to persevere and I am sure that something better will come in the fullness of time. I also wanted to say thanks to all of you who bothered to read these updates, especially those of you who were kind enough to post. Many of us who have to live with the everyday consequences of a criminal record can often feel marginalised, isolated and just plain useless! Reading your posts helped me a lot and reminded me that I am not alone. Thanks again and I will keep you updated on the appeal and my future plans.

Thanks Deb S, that is an encouraging story and makes a refreshing change from the usual narrative around people with convictions. I am not sure what the nature of your friend's offence was but in my case it is something which brings out the worst in people. The rules of this Forum prohibit me from going into details but I am sure you can read between the lines. Moreover, I am based in a big warehouse environment with men who would have little sympathy for my position and the "news" has spread across the whole site. If it were just a few blokes in our department then I guess this would be more manageable but I am not sure how the managers can control it when 500+ people know.

*UPDATE*
Thanks to all for the advice and feedback. On Tuesday this week, with the agreement of the Management Team, I returned to work. It was difficult but not a disaster. Most staff blanked me but a few were OK. I was prepared to persevere with it as I want to keep working and have done well in this job.

This morning (Wednesday), my Department manager rang me. He told me I was being suspended due to 'the emotional distress it was causing the 500 staff in the warehouse." They have now started an investigation and I will be required to attend a meeting at some point in the future.

I am not sure what to do! Any feedback or advice would be welcome as I seek to find a way forward.

Thanks again