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 return to his country. Employment Judge Melanie Sangster determined that this behavior constituted racial harassment. The ruling covered the entire exchange, its repeated nature, and the fact that it took place inside a busy Aberdeen restaurant.
Joseph began working at the PizzaExpress Union Square location in September 2024, typically logging 20 to 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 keep pace. Tortolano told Joseph that no one 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 in front of other individuals, including patrons. Joseph testified to the tribunal that he felt hurt and humiliated. He reported the incident to a manager that same day and continued working. PizzaExpress later admitted that Tortolano made these remarks and acknowledged that they amounted to racial harassment. The tribunal confirmed that the conduct fell under the scope of the Equality Act 2010, which considers nationality a component of race. The judgment addressed the repeated comments, the directive to leave the country, and the public nature of the workplace environment.
Tribunal determines compensation for emotional distress
Joseph was awarded £5,000 for injury to feelings. The tribunal placed this award within the middle of the lower Vento band, a scale used to determine discrimination damages. Additionally, it added £469.04 in interest, calculated at 8% over 428 days from the date of the incident in April 2025. The tribunal found no financial loss stemming from the harassment. Although Joseph did not take time off or seek medical treatment, 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 it occurred. The tribunal deemed this delay unreasonable but found no connection between the timing and Joseph’s protected disclosures or actions. Tortolano later confessed to the allegations during a disciplinary hearing. After considering his admission, remorse, and clean employment record, PizzaExpress found gross misconduct and issued him a final written warning. Separately, the company investigated three allegations against Joseph. A manager confirmed their validity and summarily dismissed him on June 20, 2025.
Other claims of employment discrimination dismissed
Joseph also claimed victimisation, whistleblowing detriments, and automatic unfair dismissal. The tribunal dismissed all these claims. PizzaExpress had 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 termination was solely due to proven misconduct. The tribunal also determined that his protected acts did not influence the dismissal decision.
The misconduct findings included Joseph’s behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential business information. A PizzaExpress manager also found that Joseph had emailed company material to his personal account. Joseph denied these allegations and did not appeal the 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 racial harassment claim was the only successful complaint Joseph made.