ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has mandated PizzaExpress to pay former waiter Raymond Joseph £5,469.04 following an incident where a colleague repeatedly targeted his American nationality during a work dispute. The colleague referred to Joseph as an American and a “Yank,” while also telling him to return to his country. Employment Judge Melanie Sangster determined that this behavior constituted racial harassment. The ruling considered the entire exchange, its repeated nature, and the context of a bustling Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square location in September 2024 and typically worked 20 to 22 hours weekly. On April 8, 2025, he and waiter Michael Tortolano were the only two staff serving customers. The restaurant was busy, and both faced difficulties keeping up. 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 repeated his remarks later during the shift.
These comments were made publicly, including in front of customers. Joseph informed the tribunal that he felt hurt and humiliated. He provided a statement to a manager that same day and continued working. PizzaExpress later admitted that Tortolano made the remarks and that they amounted to racial harassment. The tribunal upheld this claim under the Equality Act 2010, which defines nationality as part of race. The decision took into account the repeated comments, the instruction to leave the country, and the fact that the incident occurred in a public workplace setting.
Tribunal determines compensation for emotional distress
The tribunal awarded Joseph £5,000 for injury to feelings. The amount falls within the middle of the lower Vento band, which is used as a guideline for discrimination damages. Additionally, the tribunal added £469.04 in interest, calculated at 8% over 428 days from the date of the incident in April 2025. It found no financial loss resulting from the harassment. Joseph did not take time off or seek medical treatment but remained distressed and repeatedly questioned why managers had not initiated an investigation.
PizzaExpress began its investigation into the incident on May 20, six weeks after it occurred. The tribunal considered this delay unreasonable but found no connection to Joseph’s protected disclosures or other acts. Tortolano later admitted to the allegations during a disciplinary hearing. Based on his admission, remorse, and clean record, PizzaExpress found gross misconduct and issued him a final written warning. The company also investigated three other allegations against Joseph. A manager found these to be substantiated and dismissed him on June 20, 2025.
Dismissal and other employment claims dismissed
Joseph also claimed victimisation, whistleblowing detriments, and automatic unfair dismissal. The tribunal dismissed all these claims. PizzaExpress had previously conceded that 13 of his 24 alleged disclosures qualified as protected disclosures before the final hearing. However, the tribunal found no causal link between those disclosures and the decisions made regarding his employment. It concluded that Joseph’s dismissal was solely due to proven misconduct. The tribunal also determined that his protected acts did not influence the dismissal decision.
The misconduct found included Joseph’s behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential company information. A PizzaExpress manager also discovered that Joseph had sent company materials to his personal email. Joseph denied these allegations and did not appeal the dismissal. The Aberdeen tribunal heard the case over seven days in April and May 2026, with the judgment issued to the parties on June 10. The race harassment claim remained Joseph’s only successful allegation.