ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has directed PizzaExpress to pay former waiter Raymond Joseph £5,469.04 after a colleague repeatedly targeted his American nationality during a workplace dispute. 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 constituted race-related harassment. The ruling considered the entire exchange, its repetition, and the context within a busy Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square location in September 2024, typically clocking 20 to 22 hours per week. On April 8, 2025, he and waiter Michael Tortolano were the only two staff serving customers. The restaurant was crowded, and both struggled to keep pace. 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 in the shift.
These comments were made publicly, in front of other staff and customers. Joseph testified 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 the remarks and that they amounted to racial harassment. The tribunal confirmed that claim under the Equality Act 2010, which defines race to include nationality. The decision addressed the repeated remarks, the directive to leave the country, and the public nature of the workplace environment.
Tribunal awards damages for injury to feelings
Joseph was awarded £5,000 for injury to feelings. The tribunal set this amount within the middle of the lower Vento band, which is used to determine discrimination compensation levels. An additional £469.04 was added as interest, calculated at 8% over 428 days from the incident in April 2025. The tribunal found no financial loss resulting from the harassment. Although Joseph did not take time off or seek medical treatment, he was visibly upset 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 described this delay as unreasonable but found no connection to Joseph’s protected disclosures or other protected acts. Later, Tortolano admitted to the allegations during a disciplinary hearing. Based on his admission, remorse, and clean employment record, PizzaExpress found gross misconduct and issued him a final written warning. Separately, the company investigated three other allegations against Joseph. A manager found these to be substantiated and dismissed him on June 20, 2025, following that review.
Other claims of employment rights violations dismissed
Joseph also claimed victimisation, whistleblowing detriments, and automatic unfair dismissal. The tribunal dismissed all these claims. PizzaExpress had admitted 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 he challenged. It concluded that his dismissal was solely due to proven misconduct. The tribunal also determined that his protected acts did not influence the dismissal decision.
The misconduct included his 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 address. 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 race harassment claim was the only successful complaint Joseph made.