ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has directed PizzaExpress to pay former employee Raymond Joseph £5,469.04 following a workplace dispute in which a colleague repeatedly targeted his American nationality. During the confrontation, 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 repetition, and the context of 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 fellow waiter Michael Tortolano were the only staff serving customers. The restaurant was crowded, and both staff members 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 calling Tortolano a “bald loser.” Tortolano reiterated his remarks later during the shift.
These comments occurred publicly, in front of customers. Joseph explained to the tribunal that he felt hurt and humiliated. He reported the incident to a manager that same day and continued working. PizzaExpress later admitted that Tortolano made these remarks and acknowledged that they constituted racial harassment. The tribunal upheld this claim under the Equality Act 2010, which recognizes nationality as a component of race. The decision addressed the repeated nature of the comments, the instruction for Joseph to leave the country, and the fact that the incident took place 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, a scale used to determine compensation for discrimination cases. Additionally, it awarded £469.04 in interest, calculated at 8% over 428 days from the date of the incident in April 2025. The tribunal found no evidence of financial loss due to the harassment. Joseph did not take leave or seek medical treatment but 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 deemed this delay unreasonable but found no connection between the delay and Joseph’s protected disclosures or other actions. Tortolano later admitted to the allegations during a disciplinary hearing. Based on his admission, remorse, and clean record, PizzaExpress found gross misconduct and issued him a final written warning. Separately, the company investigated three allegations against Joseph. A manager confirmed their validity and dismissed him on June 20, 2025, after considering the evidence.
Other employment 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 decisions that led to his dismissal. It concluded that 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 included Joseph’s 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 materials to his personal email. Joseph denied these allegations and did not appeal his dismissal. The Aberdeen tribunal heard the case over seven days in April and May 2026, and delivered its judgment to the parties on June 10. The race harassment claim remained Joseph’s only successful complaint.