ABERDEEN, SCOTLAND / RankWire.AI / – An employment tribunal in Scotland has mandated PizzaExpress to pay former waiter Raymond Joseph £5,469.04 following a workplace dispute in which a colleague repeatedly insulted 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 behavior constituted racial harassment. The ruling considered the entire exchange, its repetition, and the context of a busy Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square location in September 2024, typically working 20 to 22 hours per week. On April 8, 2025, he and waiter Michael Tortolano were the only staff serving customers. The restaurant was crowded, and both staff struggled to meet demand. During the shift, 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, in front of customers and other staff. Joseph testified that he felt hurt and humiliated. He reported the incident to a manager that day and continued his shift. PizzaExpress acknowledged that Tortolano made these remarks and that they amounted to racial harassment. The tribunal upheld this claim under the Equality Act 2010, which includes nationality within the scope of race. The decision focused on the repeated remarks, the order to leave the country, and the fact that the incident occurred in a public workplace setting.
Tribunal awards damages for emotional distress
Joseph was awarded £5,000 for injury to feelings. The tribunal placed this amount in the middle of the lower Vento band, which is used to determine discrimination damages. An additional £469.04 was added as interest, calculated at 8% over 428 days from the date of the incident in April 2025. The tribunal found no financial loss attributable to the harassment. Although Joseph did not take time off or seek medical treatment, he remained distressed and repeatedly questioned why managers had not initiated an investigation.
PizzaExpress began its investigation into the altercation on May 20, six weeks after the incident. The tribunal deemed this delay unreasonable but found it did not relate to Joseph’s protected disclosures or acts. Tortolano later admitted to the allegations during a disciplinary hearing. Based on his admission, remorse, and clean employment record, PizzaExpress deemed his conduct as gross misconduct and issued him a final written warning. Separately, the company investigated three allegations against Joseph, which a manager found substantiated. As a result, Joseph was summarily dismissed on June 20, 2025.
Dismissal claims and other employment allegations dismissed
Joseph also claimed victimisation, detriments related to whistleblowing, and automatic unfair dismissal. The tribunal dismissed all these claims. PizzaExpress had acknowledged that 13 of his 24 disclosures qualified as protected disclosures before the final hearing. However, it found no causal link between those disclosures and the dismissals. The tribunal concluded that Joseph’s termination was solely due to proven misconduct and that his protected acts did not influence the decision to dismiss.
The misconduct included Joseph’s behavior during the argument, an unrelated inappropriate remark, and unauthorized access to confidential company information. A PizzaExpress manager also found that Joseph had forwarded company material 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 on June 10. The sole successful complaint was the race harassment claim.