Most employers would assume that dismissing an employee for sexual harassment, after concluding that the allegations were true, would place them on relatively safe legal ground.
The recent Tribunal decision involving British Airways demonstrates that the reality is not always so straightforward. Although the airline genuinely believed a cabin crew member had engaged in inappropriate conduct towards a colleague, the dismissal was nevertheless found to be unfair because of flaws in the investigation process.
The case provides an important reminder that employers walking the line between protecting employees from sexual harassment and ensuring a fair disciplinary process must not lose sight of either objective. As employers prepare for the upcoming strengthening of their duty to prevent sexual harassment, that balancing act is becoming increasingly important.
The allegations
The case centred on allegations that a cabin crew member had approached a colleague during a flight and asked whether she wanted to join the “mile-high club”. He was also accused of deliberately touching her leg and sharing stories of a sexual nature involving other women. The colleague reported feeling uncomfortable and upset following the interaction and indicated that she did not wish to work with him again.
Following an investigation, British Airways concluded that the allegations had occurred and summarily dismissed the employee for gross misconduct.
So far, this may sound like a textbook example of an employer responding appropriately to allegations of workplace sexual harassment.
The Tribunal disagreed.
Where did British Airways go wrong?
Importantly, this was not a case where the Tribunal found that the allegations were fabricated or that the employer had acted in bad faith. In fact, the Tribunal accepted that British Airways genuinely believed the employee had made the comments and engaged in the conduct alleged.
However, the Tribunal found that British Airways had not done enough to properly test and investigate the allegations before deciding to dismiss. The airline had interviewed the employee before obtaining a full account from the complainant and had failed to question the complainant in sufficient depth about key aspects of her allegations. As a result, the Tribunal concluded that the investigation had fallen short of what was required, rendering the dismissal unfair.
The decision is a useful reminder that a fair outcome does not excuse an unfair process. Despite British Airways genuinely believing that the misconduct had occurred, the employee was awarded almost £30,000 in compensation following the Tribunal’s finding that his dismissal was unfair.
The dilemma facing employers
Cases involving allegations of sexual harassment are often among the most difficult situations employers face.
When a complaint is raised, organisations are under significant pressure to act decisively. Employees expect concerns to be taken seriously, regulators increasingly expect employers to create safe working environments, and the reputational consequences of getting it wrong can be significant.
At the same time, allegations of this nature can have life-changing consequences for the individual accused.
The challenge for employers is ensuring that they support complainants, investigate concerns robustly and maintain confidence in reporting processes, whilst also preserving fairness and procedural integrity.
The British Airways decision demonstrates the risk of focusing exclusively on one side of that equation.
Why this matters even more now
The timing of the decision is particularly interesting.
From 30 October 2026, employers will be subject to a strengthened duty requiring them to take “all reasonable steps” to prevent sexual harassment, replacing the current requirement to take “reasonable steps”.
This builds on the preventative duty introduced in October 2024, which requires employers to proactively identify and address risks of sexual harassment before incidents occur. Employers cannot simply wait for complaints to arise. They are expected to assess workplace risks, implement preventative measures and regularly review their effectiveness.
Against that backdrop, employers may understandably feel under pressure to adopt an increasingly robust stance when allegations arise.
However, the British Airways case highlights an important point: a stronger duty to prevent sexual harassment does not lower the standards expected of workplace investigations. If anything, it increases the importance of getting both elements right. Employers must respond promptly and decisively to complaints, but they must also ensure that allegations are properly investigated and tested before disciplinary decisions are made. Focusing too heavily on either objective can create legal risk.
Practical Lessons for Employers
Employers investigating allegations of sexual harassment should ensure that:
- investigators approach the process with an open mind and avoid reaching conclusions prematurely;
- relevant witnesses are interviewed and conflicting evidence is properly explored;
- investigation notes and decision-making are carefully documented;
- disciplinary decision-makers distinguish between suspicion and evidence; and
- those conducting investigations are appropriately trained.
While every case will turn on its own facts, a well-documented and balanced investigation is often the employer’s strongest defence if a decision is later challenged.
Conclusion
The decision is a timely reminder that employers cannot afford to focus on one side of the equation at the expense of the other.
Sexual harassment complaints must be taken seriously and addressed promptly. But a fair outcome depends on a fair process. An investigation that is rushed, one-sided or lacking in basic scrutiny can leave an employer exposed, even where there are genuine concerns about an employee’s conduct.
For employers, the practical takeaway is straightforward. Policies and training remain important, but so too is ensuring that those responsible for handling complaints are equipped to carry out investigations that are thorough, impartial and properly documented.
How can we help?
Our Employment team regularly advises employers on workplace investigations, disciplinary processes and allegations of misconduct, including sensitive matters involving sexual harassment.
We can assist with:
- advising on complaints of sexual harassment and other workplace misconduct;
- conducting or supporting workplace investigations;
- reviewing investigation and disciplinary procedures;
- advising on suspension, disciplinary action and dismissals;
- providing training for managers and HR teams on handling complaints and investigations;
- reviewing policies and procedures to ensure compliance with the duty to prevent sexual harassment; and
- defending Employment Tribunal claims arising from workplace investigations and disciplinary action.
Obtaining advice at an early stage can significantly reduce legal and employee relations risks. If you are dealing with allegations of workplace misconduct or would like to review your organisation’s approach to preventing and investigating sexual harassment, our Employment team would be happy to help.
