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 amounted to racial harassment. The ruling considered the entire exchange, its recurrence, and the setting within a bustling Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square restaurant in September 2024 and typically worked around 20 to 22 hours weekly. On April 8, 2025, he and waiter Michael Tortolano were the only staff serving customers. The restaurant was busy, 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. In response, Joseph exchanged insults, including “bald loser.” Tortolano repeated his remarks later during the shift.
These comments were made in front of other patrons and staff. Joseph testified that he felt hurt and humiliated. That day, he reported the incident to a manager and continued working. PizzaExpress later admitted that Tortolano made these remarks and that they constituted racial harassment. The tribunal confirmed this claim under the Equality Act 2010, which defines nationality as part of race. The decision focused on the repeated comments, the directive to leave the country, and the public nature of the workplace environment.
Tribunal assesses compensation for emotional distress
The tribunal awarded Joseph £5,000 for injury to feelings. This amount was set in the middle of the lower Vento band, the scale used for discrimination damages. An additional £469.04 was added as interest, calculated at 8% over 428 days from the April 2025 incident. The tribunal found no financial loss resulting from the harassment. Although Joseph did not take leave or seek medical treatment, he remained distressed 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 considered this delay unreasonable but found it unrelated to Joseph’s protected disclosures or actions. Tortolano later admitted to the allegations during a disciplinary hearing. Based on his admission, remorse, and unblemished record, PizzaExpress deemed his conduct as gross misconduct and issued him a final written warning. The company separately investigated three allegations against Joseph. A manager found these to be substantiated and dismissed him summarily on June 20, 2025.
Other employment-related claims rejected
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 alleged disclosures qualified as protected disclosures before the final hearing. However, the tribunal found no causal link between those disclosures and the contested decisions. It concluded Joseph’s dismissal was solely due to proven misconduct. The tribunal also determined that his protected acts did not influence the termination decision.
The misconduct findings encompassed 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 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. Its judgment was issued to the parties on June 10. The race harassment claim remained Joseph’s only successful complaint.