LONDON— British Airways (BA) cabin crew member Okan Dalkiran has won an unfair dismissal claim following allegations of misconduct at Heathrow Airport (LHR) in August 2023.
An Employment Tribunal ruled that the airline lacked reasonable grounds after a flawed internal investigation, even though Mr Dalkiran had already been found not guilty in criminal court.
British Airways Crew Unfair Dismissal Case
The case centres on an alleged incident in August 2023 inside a large open-plan crew bunking room at Heathrow Airport. Mr. Dalkiran and a female colleague were resting in adjacent beds separated by partitions covered with blankets.
The colleague reported hearing what she described as a loud clapping sound from Mr. Dalkiran’s bed. She said she saw the sheets pulled up to his waist and alleged that he had been looking through the dividers toward her while masturbating. She left the room, met another colleague outside, and told him what she claimed to have seen. He said he had not witnessed anything.
The two returned to the bunking room and found Mr. Dalkiran asleep. The complainant then moved beds. Around ten minutes later, she texted a friend describing the alleged incident. The following day, she reported the matter to a manager, and an internal investigation began.
Two weeks later, Mr Dalkiran was arrested at Heathrow Airport in front of colleagues and members of the public. He was charged with intending to cause alarm and distress.
British Airways informed him that he was accused of breaching dignity at work and engaging in conduct prejudicial to the good name of the airline. The company also raised concerns that being escorted by police in uniform could have damaged its reputation.
During a workplace meeting later that month, Mr. Dalkiran denied the allegation. He stated that he did not know the complainant and said that while the incident was alleged to have occurred in that location, it was not him. He also told investigators that he had taken part in an identity parade and had not been identified, DailyMail UK reported.
Criminal Trial at Uxbridge Magistrates’ Court
The criminal case was heard at Uxbridge Magistrates’ Court on November 20, 2023. British Airways was informed of the hearing date but did not send a representative to observe proceedings or obtain official notes.
Magistrates reviewed body-worn camera footage of the location, assessed lighting conditions, and examined the layout of the bunk area. The court noted that the room lighting was dim and designed for rest. Blankets covering the partitions restricted visibility between beds.
The court also considered that others present in the room did not see or hear what the complainant alleged. Mr Dalkiran was found not guilty, with magistrates applying the criminal standard of proof beyond a reasonable doubt.
Dismissal Despite Acquittal
British Airways proceeded with its disciplinary process under the civil standard of balance of probabilities. The investigating manager concluded that the complainant’s account was credible, partly because she appeared upset and had messaged a friend shortly after the alleged event.
The airline also maintained that the arrest in uniform was likely to attract negative attention from customers at Heathrow Airport.
Mr. Dalkiran was dismissed on April 9, 2024. Two subsequent internal appeals upheld the decision.
Employment Tribunal Findings in Watford
The Employment Tribunal in Watford, led by Employment Judge Sally Cowen, examined whether British Airways had reasonable grounds based on a reasonable investigation to believe Mr Dalkiran was guilty of misconduct.
The tribunal found significant flaws in the investigation. Judge Cowen stated that the investigating manager relied heavily on the complainant appearing upset as an indicator of credibility. The tribunal concluded that emotional presentation alone was insufficient evidence.
The tribunal found that British Airways failed to properly test the credibility of the complainant’s account. It did not seek detailed information from the Magistrates’ Court to verify what had been established during the criminal proceedings. It also did not adequately address environmental factors such as lighting levels and restricted visibility caused by covered partitions.
In relation to reputational damage, the tribunal determined that the conclusions were not based on clear evidence. It was established that no passengers were on board the aircraft when police approached Mr Dalkiran. He was not handcuffed while being led from the plane, and the circumstances of the search and transport were not shown to have caused customer disruption.
Judge Cowen concluded that the dismissal decision appeared to flow from an assumed belief in guilt rather than a careful assessment of the available evidence. The tribunal ruled that the belief held by the investigating manager was not reasonable and that the decision was unsafe. The internal appeal process did not correct those deficiencies.
The claim of unfair dismissal was upheld. Compensation will be determined at a separate remedies hearing.
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