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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&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/what-can-hr-learn-from-the-heathrow-airport-closure">Heathrow&nbsp;</a>Airport rest centre when X said she saw Dalkiran exposing himself, according to a&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/employment-tribunal-decisions/mr-o-dalkiran-v-british-airways-plc-6007777-slash-2024">tribunal document</a>&nbsp;published on 17 February.&nbsp;She reported the incident to a manager the following day, prompting an&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/former-police-officer-protests-too-long-misconduct-investigation">investigation</a>, 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.&nbsp;Dalkiran was dismissed on 9 April 2024 and subsequently brought an&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/flawed-investigation-prompts-12k-unfair-dismissal-payout">unfair dismissal</a>&nbsp;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&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/comment/what-to-do-when-an-employee-is-arrested">criminal charges</a>&nbsp;have been brought, said Roy Magara, solicitor advocate and founder of employment law firm Magara Law.&nbsp;<div data-type="horizontalRule"><hr></div>Magara told&nbsp;HR&nbsp;magazine: “What tribunals will focus on is whether the employer had a genuine and reasonable belief in&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/met-officer-misused-laptop-for-explicit-writing">misconduct</a>, 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&nbsp;HR&nbsp;magazine on 10 October about&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/tribunal-grants-16k-to-man-dismissed-over-mock-irish-accent">flawed investigation processes</a>, 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.&nbsp;<div data-type="horizontalRule"><hr></div>Magara explained that when allegations involve potential criminal conduct in the workplace, employers should “act swiftly but sensibly”. “A neutral&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/doctor-suspended-for-faking-work-history-and-hiding-convictions">suspension</a>&nbsp;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,&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/security-manager-who-watched-cctv-at-work-wins-31k">CCTV</a>&nbsp;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&nbsp;&nbsp;<div data-type="horizontalRule"><hr></div>&nbsp;Source: <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.hrmagazine.co.uk/content/news/former-ba-worker-unfairly-dismissed-after-indecent-exposure-arrest">https://www.hrmagazine.co.uk/content/news/former-ba-worker-unfairly-dismissed-after-indecent-exposure-arrest</a>

“A reasonable investigation should be prompt, and proportionate to the seriousness of the allegation”, said solicitor advocate Roy Magara

Former BA worker unfairly dismissed after indecent exposure arrest

By <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://hrreview.co.uk/author/wfurneybwtl-co-uk">William Furney</a><div data-type="horizontalRule"><hr></div>Changes to statutory sick pay are expected to have the biggest impact on workplaces under the Employment Rights Act, with both employers and employees identifying the reform as the most significant shift in day-to-day working life.The change, which will allow workers to receive sick pay from the first day of illness rather than the fourth, comes alongside a wider package of employment law reforms that will alter dismissal rights, flexible working and family leave.The scale of the&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://hrreview.co.uk/hr-news/employment-law/fire-and-rehire-ban-delayed-to-2027/386064">reforms</a>, described as the most significant overhaul of workplace rights in a generation, is already shaping expectations around how organisations manage absence, performance and employee support.Polling carried out by YouGov on behalf of Acas, the Advisory, Conciliation and Arbitration Service, the UK’s workplace relations body, found that sick pay changes ranked highest among both employers and workers when asked which reforms would have the greatest impact.&nbsp;<div data-type="horizontalRule"><hr></div>&nbsp;<h2 id="03a36be2-b26f-42a8-b627-a98a52ab7711" data-toc-id="03a36be2-b26f-42a8-b627-a98a52ab7711">Sick pay change emerges as top concern</h2>The survey showed that 43 per cent of employers and 36 per cent of employees identified day-one sick pay as the most influential change in the new legislation.The reform is expected to alter how absence is managed, particularly in organisations that have relied on waiting periods before statutory sick pay begins. It may also affect how employees approach short-term illness, removing a financial disincentive to taking time off when unwell.Alongside sick pay, changes to unfair dismissal rules were also seen as a major development. Under the new framework, workers will gain protection after six months in a role rather than the current two-year threshold. This was selected by 31 per cent of employers and 30 per cent of employees as one of the most impactful measures.The changes are due to come into force in stages, with new paternity leave rights and sick pay rules taking effect from April 2026, followed by dismissal protections in 2027.<h2></h2><div data-type="horizontalRule"><hr></div><h2 id="d8cc9bb0-b057-4db8-bcd4-cab0a22677fc" data-toc-id="d8cc9bb0-b057-4db8-bcd4-cab0a22677fc">Diverging priorities between employers and workers</h2>Beyond the two leading reforms, the survey revealed differences in how employers and employees view the next most significant changes.Employers ranked day-one paternity leave rights as their third most impactful reform, with 28 per cent selecting it. The change will allow employees to take paternity leave from the start of their employment, replacing the current requirement of 26 weeks’ service.Employees, by contrast, placed greater emphasis on&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://hrreview.co.uk/hr-news/flexible-working-policies-fall-short/383896">flexible working</a>, with 28 per cent identifying measures to improve access to flexible arrangements as a key change.Flexible working reforms, expected to be introduced in 2027, are intended to make it easier for employees to request changes to when, where and how they work, with updated processes and expectations set out in guidance.Other measures in the Act, including stronger protections around redundancy consultation, zero-hours contracts and trade union rights, were seen as less immediately impactful by respondents.<div data-type="horizontalRule"><hr></div><h2 id="45fd0e07-1015-43ea-a662-0ed94e8121a7" data-toc-id="45fd0e07-1015-43ea-a662-0ed94e8121a7">Acas prepares for implementation support</h2>Niall Mackenzie, chief executive of Acas, said the survey showed which reforms were most prominent in workplace thinking as implementation begins, and that new rights on sick pay and dismissal were at the forefront for both groups. “It is clear from our polls that new worker rights on sick pay and protections from being unfairly dismissed from work are at the forefront in the minds of employers and workers.”He said Acas would play a central role in supporting organisations and employees through the transition. “Acas will play a crucial role working with employers, workers and their representatives on the implementation of the Employment Rights Act and updating its advice and training.”Mackenzie described the legislation as a major turning point for workplace regulation. “These reforms represent the biggest shake-up to employment law in a generation. Acas remain best placed as independent experts helping everyone at work throughout this period of change.”<div data-type="horizontalRule"><hr></div><h2 id="74a3ad3e-1bf6-4942-9f82-0514f90819c5" data-toc-id="74a3ad3e-1bf6-4942-9f82-0514f90819c5">Phased rollout will reshape workplace practices</h2>The&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://assets.publishing.service.gov.uk/media/696fabb3c0f4afaa9536a0f2/employment-rights-act-2025-overview-factsheet.pdf">Employment Rights Act</a>&nbsp;introduces changes in stages, giving organisations time to adapt policies and processes. From April 2026, employees will gain immediate eligibility for paternity leave, alongside changes to sick pay entitlement.From January 2027, the threshold for unfair dismissal protection will fall to six months’ service, significantly widening access to legal protection for newer employees.Further reforms aimed at improving access to flexible working are also expected in 2027, reinforcing a broader shift towards more adaptable working arrangements.As the changes come into effect, organisations will need to review absence policies, update contracts and ensure that managers understand the new legal framework. The combination of earlier access to sick pay and stronger dismissal protections is likely to place greater emphasis on fair procedures, documentation and consistency in decision-making.The polling was conducted online by YouGov on behalf of Acas, with a sample of 1,011 senior decision makers and 1,000 employees across Great Britain. Fieldwork took place in early February 2026, and the data was weighted to reflect business size and region.&nbsp;<div data-type="horizontalRule"><hr></div>Source: <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://hrreview.co.uk/hr-news/employment-law/sick-pay-overhaul-set-to-reshape-workplaces-as-reforms-take-hold/386634">https://hrreview.co.uk/hr-news/employment-law/sick-pay-overhaul-set-to-reshape-workplaces-as-reforms-take-hold/386634</a>&nbsp;

New Acas research shows day-one statutory sick pay is set to have the biggest impact on workplaces under the Employment Rights Act, as major reforms to sick pay, dismissal rights and flexible working begin rolling out from 2026.

Sick pay overhaul set to reshape workplaces as reforms take hold

If you watched the BAFTAs (or perhaps even if you didn’t), you will be aware of the latest Media storm surrounding John Davidson and the involuntary tic, causing offence at the event when a racial slur was heard on live television:&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.peoplemanagement.co.uk/article/1949720/when-tourettes-tics-cause-harm-work-hr-balance-inclusion-psychological-safety">https://www.peoplemanagement.co.uk/article/1949720/when-tourettes-tics-cause-harm-work-hr-balance-inclusion-psychological-safety</a>&nbsp;From a distance, it is easy to analyse who was in the wrong here.But when you are caught in the moment, and try to manage health conditions and protected characteristics at work, things can become tricky very quickly.&nbsp;For example, say you have a team member who is affected by a type of autism that makes them respond in a blunt, abrupt manner.At what point should you as the employer step in to protect other team members or customers (who may be affected by a protected characteristic themselves) from verbal back-lash, considering that the condition calls for reasonable adjustments under the Equality Act 2010?&nbsp;<div data-type="horizontalRule"><hr></div><h2 id="285baac5-afda-4b0a-80b1-9b286d7f8ac6" data-toc-id="285baac5-afda-4b0a-80b1-9b286d7f8ac6">What is reasonable?</h2>&nbsp;Let the individual respond in whichever way they feel is appropriate?Remove them from a customer facing role?Enforce your rules regarding interpersonal interactions at work and tell them to work on their communication skills?&nbsp;<div data-type="horizontalRule"><hr></div><h2 id="0850f310-e9d0-4ba3-acb9-d82490dc520d" data-toc-id="0850f310-e9d0-4ba3-acb9-d82490dc520d">The answer is: It depends.</h2>What are their capabilities in terms of interpersonal interaction? Are they affected by any medication? How is the environment they work in impacting them? What is going on outside of work that might exacerbate the issue? How significant is the impact their behaviour is having?&nbsp;Occupational Health can give you pointers but ultimately it is down to you to decide.&nbsp;<div data-type="horizontalRule"><hr></div><h2></h2><h2 id="6644fa61-5de8-4cb9-9f97-03fec34ebac0" data-toc-id="6644fa61-5de8-4cb9-9f97-03fec34ebac0">How do I decide?</h2><ul><li>Don’t ignore the problem. The longer issues fester, the more difficult it becomes to address them.</li><li>Investigate thoroughly – don’t just go with your gut! Unconscious bias manifests in all of us. Be aware of your bias and analyse the situation from a clear and objective viewpoint.</li><li>Communicate clearly with all parties involved. There is nothing wrong with saying ‘I don’t know – what do you think?’. In fact, an explorative, open approach may make the conversation a lot easier.</li><li>Get advice from occupational health. Ultimately, a medical opinion will give your decision-making the best guidance.</li><li>Talk to us! Chances are, we have dealt with a similar issue before. And we will be able to give you guidance based on recent caselaw and legal advice.</li></ul>&nbsp;

What does “reasonable” really mean at work? Using a recent high-profile incident as context, this article explores how employers can balance health conditions, protected characteristics and workplace behaviour - and how to make fair, confident decisions when the answer isn’t clear-cut.

What is reasonable?

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Former BA worker unfairly dismissed after indecent exposure arrest

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What is reasonable?

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Former BA worker unfairly dismissed after indecent exposure arrest

Sick pay overhaul set to reshape workplaces as reforms take hold

What is reasonable?

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