A British Airways cabin crew member who was fired after allegations of sexual misconduct in a staff rest area has won his unfair dismissal case at an employment tribunal
A British Airways (BA) cabin crew member – who was sacked after he allegedly masturbated near a colleague – was unfairly dismissed, a tribunal has ruled. Okan Dalkiran was arrested onboard a plane in 2023 after being accused of overly enjoying himself at a staff “rest centre” by a female co-worker.
The woman, referred to as ‘X’, alleged that around midnight on August 15, 2023, she heard a “loud clapping sound” while trying to rest at the centre at Heathrow Airport. She claimed that upon looking across the open-plan bunk room, she saw Mr Dalkiran masturbating with the sheets pulled up to his waist.
Although Mr Dalkiran was found not guilty in court, he was sacked by BA and subsequently took his case to an employment tribunal. At the tribunal, ‘X’ further accused Mr Dalkiran of looking at her through gaps in the bed dividers while allegedly touching himself.
She said she “froze for 10 seconds” before faking a search for something and leaving the room. She then went outside for a smoke with another colleague and explained what she had seen — though it was revealed he hadn’t seen anything, according to the Express.
After they came back into the room, Mr Dalkiran was asleep and ‘X’ switched beds. Roughly ten minutes later, she texted a friend detailing the incident and reported it to a manager the next day. A fortnight after the alleged incident, Mr Dalkiran was detained on an aircraft at Heathrow Airport — though no passengers were onboard.
He was later charged with intentionally exposing himself with intent to cause alarm and distress, before being released. Following a trial at Uxbridge Magistrates’ Court on November 20, 2023, he was cleared of all charges.
Magistrates looked at CCTV footage, lighting circumstances, and the fact that partitions were shrouded with blankets, limiting what could be seen, which factored into the decision. They also said that other people present hadn’t witnessed or heard what the woman claimed.
Mr Dalkiran was told he had violated workplace dignity and brought the airline into disrepute by being detained in front of customers at Heathrow. While he had told BA about the court proceedings, no representative from the airline showed up.
During a meeting with the investigating manager, he insisted he did not know who X was, adding that while someone could have been pleasuring themselves, it was not him. He also mentioned the woman had been unable to pick him out during an identification procedure.
Mr Dalkiran was sacked on April 9, 2024. Two company appeals reaffirmed the verdict, but an employment tribunal in Watford subsequently ruled he had been wrongfully dismissed due to a lack of evidence.
Employment Judge Sally Cowen criticised the investigation for erroneously “relying on the fact that X seemed upset” as evidence, and failing to adequately scrutinise the evidence before accepting it. She added: “In relation to the allegation of reputational damage… [the investigator] did not mention that there were no passengers on the plane when [Mr Dalkiran] was approached by the police.
“Nor that he was not handcuffed and led away. Nor the location of where he was searched or put into a police van.
“The decision on this point appeared to rather lead on from her views about [Mr Dalkiran’s] guilt, rather than looking at the evidence and circumstances. The Tribunal therefore concluded that [Mr Dalkiran] had been unfairly dismissed as the belief of [the investigator] was not reasonable and her decision was unsafe.
“The further appeal processes have not rectified those mistakes.” Compensation is set to be determined at a future date.
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