A British Airways cabin crew member who was sacked after being accused of masturbating near a colleague has been unfairly dismissed, an employment tribunal has ruled.
Okan Dalkiran was arrested whilst on board an aircraft in 2023 following a female colleague's report alleging he had been masturbating in the Heathrow Airport staff 'rest centre' during the night.
The woman, referred to as 'X', claimed that at around midnight on August 15, 2023, she heard a "loud clapping sound".
She stated that on glancing over in the open-plan sleeping quarters, she witnessed him masturbating with bedsheets drawn up to his waist.
Mr Dalkiran was cleared of wrongdoing in court, but having been dismissed from his position, he pursued his case at an employment tribunal, according to The Telegraph.
X alleged that Mr Dalkiran had been watching her through gaps in the partitions separating the beds whilst masturbating.
She stated she "froze for 10 seconds" before feigning a search for something and exiting the room.
She subsequently went outside for a cigarette with a colleague, to whom she disclosed the alleged incident.
He stated he hadn't witnessed anything, reports the Express.
On returning indoors, Mr Dalkiran was sleeping and the woman switched beds.
Approximately 10 minutes afterwards, she messaged a friend describing what had occurred and reported the alleged incident to a manager the next day.
A fortnight afterwards, Mr Dalkiran was detained aboard an aircraft at Heathrow Airport whilst it was empty of passengers.
He was led through the terminal without handcuffs, 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 acquitted.
Magistrates examined CCTV footage, lighting circumstances, and the fact that partitions had been draped with blankets, limiting what could be seen.
They further observed that nobody else present in the area witnessed or heard what the woman claimed.
Mr Dalkiran was informed he had violated workplace dignity standards and brought conduct prejudicial to BA's reputation by being apprehended in front of passengers at Heathrow.
Whilst he had notified BA about the trial, no representative from the carrier was present.
During discussions with the investigating manager, he stated: "I do not know who [X] is. It's possible it happened there but it wasn't me."
He additionally pointed out that the woman had been unable to pick him out during an identity parade.
BA's disciplinary proceedings operated on the 'balance of probabilities' standard, whereas the criminal prosecution demanded evidence 'beyond reasonable doubt'.
Mr Dalkiran's employment was terminated on April 9, 2024.
Two internal appeals backed the outcome, however an employment tribunal in Watford subsequently determined he had been unfairly dismissed owing to insufficient evidence.
The disciplinary manager stated she found the woman credible because "what she witnessed had affected her and she had messaged her friend at the time".
She argued that being escorted whilst in uniform and placed in police transport "would have been likely to draw the attention of customers in a negative light".
Employment Judge Sally Cowen ruled the investigation had incorrectly "relied on the fact that X seemed upset" as proof, and had failed 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 agreed at a later date.