ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has mandated PizzaExpress to pay former waiter Raymond Joseph £5,469.04 following a workplace dispute in which a colleague repeatedly targeted his American nationality. The colleague referred to Joseph as an American and a “Yank,” while also telling him to go back to his country. Employment Judge Melanie Sangster determined that this conduct amounted to racial harassment. The ruling was based on the entire exchange, its repeated nature, and the context within a bustling Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square location in September 2024 and typically worked between 20 and 22 hours weekly. On April 8, 2025, he and waiter Michael Tortolano were the only staff serving customers. The restaurant was crowded, and both struggled to manage the workload. Tortolano told Joseph that nobody liked him, called him an American and a “Yank,” and told him to leave the country. Joseph responded with insults, including “bald loser.” Tortolano reiterated his remarks later during the shift.
These comments took place in front of other individuals, including customers. Joseph stated to the tribunal that he felt hurt and humiliated. He reported the incident to a manager that same day and continued working. PizzaExpress later acknowledged that Tortolano made these remarks and that they constituted racial harassment. The tribunal upheld this claim under the Equality Act 2010, which encompasses nationality within the scope of race. The ruling addressed the repeated remarks, the instruction to leave the country, and the public nature of the workplace environment.
Tribunal awards damages for emotional distress
Joseph was awarded £5,000 for injury to feelings. The tribunal placed this award in the middle of the lower Vento band, the scale used for discrimination compensation. An additional £469.04 in interest was added, calculated at 8% over 428 days from the April 2025 incident. The tribunal found no financial loss resulting from the harassment. Joseph did not take time off or seek medical treatment, but he remained upset and repeatedly questioned why managers had not initiated an investigation.
PizzaExpress commenced its investigation into the incident on May 20, six weeks after the event. The tribunal deemed this delay unreasonable but found no connection between the delay and Joseph’s protected disclosures or actions. Tortolano later admitted to the allegations during a disciplinary hearing. PizzaExpress determined that he engaged in gross misconduct and issued him a final written warning after considering his admission, remorse, and clean record. Separately, the company investigated three allegations against Joseph. A manager found those allegations substantiated and dismissed him on June 20, 2025.
Dismissal and other employment claims dismissed
Joseph also claimed victimisation, whistleblowing detriments, and automatic unfair dismissal. All these claims were dismissed by the tribunal. PizzaExpress had already acknowledged that 13 of his 24 claimed disclosures qualified as protected disclosures prior to the final hearing. However, the tribunal found no causal link between those disclosures and the decisions challenged. It concluded that Joseph’s dismissal was solely based on proven misconduct. Furthermore, the tribunal determined that his protected acts did not influence the decision to dismiss him.
The misconduct findings included Joseph’s behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential company information. A PizzaExpress manager also found that Joseph had sent company material to his personal email. Joseph denied these allegations and did not appeal his dismissal. The Aberdeen tribunal heard the case over seven days in April and May 2026. The judgment was sent to the parties on June 10. The race harassment claim remained Joseph’s only successful complaint.