An employment tribunal has ruled that a British Airways cabin crew member was unfairly dismissed following allegations of indecent exposure, citing a “flawed” internal investigation that failed to scrutinize the evidence properly.
Okan Dalkiran was terminated from his position in April 2024 after a female colleague, referred to in proceedings as ‘X’, accused him of masturbating in a staff rest centre at Heathrow Airport. Despite being acquitted of all criminal charges in late 2023, the airline maintained his dismissal, citing a breach of workplace dignity and reputational damage.
The incident allegedly took place around midnight on August 15, 2023. The colleague claimed she witnessed Mr. Dalkiran engaging in a sexual act in open-plan sleeping quarters. Following her report, Mr. Dalkiran was arrested by police two weeks later while on board an empty aircraft at Heathrow.
However, during a trial at Uxbridge Magistrates’ Court in November 2023, he was cleared of all charges. The court noted that the CCTV and evidence showed partitions were draped with blankets, severely limiting visibility, no other staff in the area reported hearing or seeing anything suspicious, and that the accuser was unable to identify Mr. Dalkiran during an official identity parade.
Despite the acquittal, British Airways proceeded with the sacking based on the “balance of probabilities.” The airline’s investigating manager argued that the accuser was credible because she appeared “upset” and had messaged a friend immediately after the alleged event.
Employment Judge Sally Cowen rejected this reasoning, stating that the airline had incorrectly relied on the accuser’s emotional state as proof of guilt rather than examining the physical facts.
“The decision appeared to rather lead on from [the investigator’s] views about the claimant’s guilt, rather than looking at the evidence and circumstances,” Judge Cowen ruled.
The tribunal also dismantled BA’s claim that Mr. Dalkiran had damaged the airline’s reputation by being arrested in uniform. The judge pointed out that the aircraft was empty of passengers at the time of the police approach.
Mr. Dalkiran was not handcuffed while being led through the terminal. The investigator failed to consider these mitigating factors, focusing instead on the optics of the arrest.
The tribunal concluded that the belief held by the airline’s management was not “reasonable,” rendering the dismissal unsafe. A hearing to determine the amount of compensation owed to Mr. Dalkiran will be scheduled for a later date.
