Former BA worker unfairly dismissed after indecent exposure arrest
Published Feb 27, 2026
A judge has ruled that a former British Airways (BA) employee who was accused of masturbating in front of a colleague was unfairly dismissed.
Cabin crew member Okan Dalkiran and a female colleague, referred to as X, had been sleeping in adjacent bunks in a Heathrow Airport rest centre when X said she saw Dalkiran exposing himself, according to a tribunal document published on 17 February.
She reported the incident to a manager the following day, prompting an investigation, and in August 2023 Dalkiran was arrested aboard an empty flight.
The claimant was charged with “intentionally exposing himself intending to cause alarm and distress”, but was found not guilty after magistrates considered camera footage, the lighting conditions, and that there were others in the room who did not see or hear what X described.
Dalkiran was dismissed on 9 April 2024 and subsequently brought an unfair dismissal claim against BA. Employment judge Sally Cowen found that the airline’s investigator had not properly tested the evidence before accepting it.
Judge Cowen said the investigation “relied on the fact that X seemed to be upset about it” and that “failed to test the credibility of X’s version of events”, adding that BA did not obtain details from the magistrates’ court to verify whether the account being relied upon was accurate.
HR professionals should recognise that serious allegations alone do not justify summary dismissal, even when criminal charges have been brought, said Roy Magara, solicitor advocate and founder of employment law firm Magara Law.
Magara told HR magazine: “What tribunals will focus on is whether the employer had a genuine and reasonable belief in misconduct, grounded in evidence and formed after a reasonable investigation at the time the dismissal decision was taken.
“The test is not whether the employee can be proved guilty beyond reasonable doubt, and it does not hinge on the outcome of any criminal trial.”
Speaking to HR magazine on 10 October about flawed investigation processes, Liz Stevens, professional support lawyer in the employment team at Birketts LLP, said that “an impartial investigation is a key cornerstone of the Acas Code of Practice and to achieve a fair dismissal”.
Stevens added: “Employers should always make sure that an independent manager with the necessary skills and experience is appointed to investigate disciplinary allegations, particularly where the potential consequences are so serious for the employee.
Magara explained that when allegations involve potential criminal conduct in the workplace, employers should “act swiftly but sensibly”. “A neutral suspension on full pay may be appropriate while facts are gathered, but only where it is genuinely necessary.
“Employers must conduct their own internal investigation that is independent of any criminal process, as the standards and purposes of a disciplinary investigation differ from those of the criminal courts.”
A reasonable investigation should be prompt and proportionate to the seriousness of the allegation, said Magara: “It should involve proper evidence gathering, whether that is witness statements, CCTV or documentation, and it must give the accused a fair opportunity to respond.”
“Tribunals do not expect perfection, but they do expect employers to take reasonable steps to test the reliability of the evidence before reaching a decision,” Magara concluded