ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal 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 homeland. Employment Judge Melanie Sangster determined that this conduct amounted to racial harassment. The decision considered the entire exchange, its repeated nature, and the context within a bustling Aberdeen restaurant.
Joseph began working at the PizzaExpress Union Square location in September 2024, typically clocking 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 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 reiterated his comments later during the shift.
These remarks happened publicly, in front of customers and others. Joseph testified that he felt hurt and humiliated. He submitted a statement to a manager that same day and continued working. PizzaExpress later admitted that Tortolano made these remarks and acknowledged they constituted racial harassment. The tribunal confirmed this claim under the Equality Act 2010, which includes nationality as part of the race definition. The ruling addressed the repeated comments, the instruction to leave the country, and the public nature of the incident within the workplace.
Tribunal determines compensation for emotional distress
Joseph was awarded £5,000 for injury to feelings. This amount falls within the middle of the lower Vento band, the framework used for 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 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 commenced its investigation into the fight on May 20, six weeks after the event. The tribunal deemed this delay unreasonable but found it unrelated to Joseph’s protected disclosures or actions. Tortolano later admitted the allegations during a disciplinary hearing. The company found gross misconduct and issued a final written warning, considering his admission, remorse, and clean record. Separately, PizzaExpress looked into three other allegations against Joseph. A manager upheld those claims, leading to his summary dismissal on June 20, 2025.
Other employment-related claims rejected
Joseph also brought claims of victimisation, whistleblowing detriments, and automatically unfair dismissal. The tribunal dismissed all these allegations. PizzaExpress had already acknowledged that 13 of his 24 disclosures qualified as protected disclosures before the final hearing. Nonetheless, the tribunal found no causal link between those disclosures and the decisions challenged. It concluded 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, a separate inappropriate comment, and unauthorized access to confidential company information. A PizzaExpress manager also found that Joseph had sent company materials to his personal email. Joseph denied these allegations and did not appeal his dismissal. The Aberdeen tribunal conducted a seven-day hearing in April and May 2026. The judgment was sent to the parties on June 10. The race harassment complaint was the only claim Joseph successfully pursued.