ABERDEEN, SCOTLAND / RankWire.AI / – An employment tribunal in Scotland mandated PizzaExpress to pay former employee Raymond Joseph £5,469.04 following repeated racial harassment by a colleague during a dispute at work. The colleague referred to Joseph as an American and a “Yank,” 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 repeated nature, and the context of a bustling Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square branch in September 2024, typically putting in 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 struggled to keep pace. Tortolano told Joseph that no one 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 these remarks later during the shift.
These comments were made in front of patrons and others. Joseph explained to the tribunal that he felt humiliated and hurt. He reported the incident to a manager on the same day and continued working. PizzaExpress later admitted that Tortolano made these comments, acknowledging they amounted to racial harassment. The tribunal confirmed this claim under the Equality Act 2010, which classifies nationality as part of the race definition. The decision took into account the repeated nature of the remarks, the order to leave the country, and the public setting inside the restaurant.
Tribunal determines 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 for discrimination damages. An additional £469.04 was awarded as interest, calculated at 8% over 428 days from the date of the incident in April 2025. The tribunal found that Joseph did not suffer any financial losses due to the harassment. Although he did not take time off or seek medical treatment, he remained distressed and repeatedly questioned why managers had not launched an investigation.
PizzaExpress began its investigation into the incident on May 20, six weeks afterward. The tribunal deemed this delay unreasonable but found no connection between the delay and Joseph’s protected disclosures or actions. Tortolano later admitted the allegations during a disciplinary hearing. PizzaExpress found him guilty of gross misconduct and issued a final written warning after considering his admission, remorse, and clean record. The company also investigated three separate allegations against Joseph. A manager found these to be substantiated and dismissed him summarily on June 20, 2025.
Other employment-related claims dismissed
Joseph also claimed victimisation, whistleblowing detriments, and automatic unfair dismissal. The tribunal dismissed all of 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 these 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 the dismissal outcome.
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 forwarded company material to his personal email account. 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 racial harassment claim was the only successful complaint Joseph made.