ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has directed PizzaExpress to pay former employee Raymond Joseph £5,469.04 following a workplace dispute where 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 considered the entire exchange, its repetitive nature, and the fact that it occurred inside a busy Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square branch in September 2024 and typically clocked 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 manage the workload. Tortolano told Joseph that he was disliked, 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 other employees and customers. Joseph testified to the tribunal that he felt humiliated and hurt. He provided a statement to a manager that same day and continued working. PizzaExpress later admitted that Tortolano made the remarks, which the tribunal recognized as racial harassment under the Equality Act 2010, where nationality is included within the definition of race. The decision emphasized the repeated nature of the remarks, the directive to leave the country, and the public setting of the incident.
Tribunal assesses 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, the scale used to determine discrimination damages. An additional £469.04 was added as interest, calculated at 8% for 428 days from the date of 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 remained distressed 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 deemed this delay unreasonable but stated it was unrelated to Joseph’s protected disclosures or actions. Tortolano later 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. The company separately examined three allegations against Joseph, which a manager found substantiated, leading to his summary dismissal on June 20, 2025.
Other employment-related claims rejected
Joseph also claimed victimization, detriments related to whistleblowing, and automatic unfair dismissal, but the tribunal dismissed all these claims. PizzaExpress had acknowledged that 13 of his 24 alleged disclosures qualified as protected disclosures before the hearing. However, the tribunal found no causative link between those disclosures and the decisions challenged. It concluded that Joseph’s dismissal was solely due to proven misconduct. The tribunal also determined that his protected acts did not influence his termination.
The misconduct found against Joseph included his behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential business information. A PizzaExpress manager also discovered that Joseph had sent company materials to his personal email. Joseph denied these allegations and chose not to appeal the dismissal. The Aberdeen tribunal heard the case over seven days in April and May 2026, delivering its judgment to the parties on June 10. The race harassment claim was the only complaint that Joseph successfully pursued.