ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has mandated PizzaExpress to pay former employee Raymond Joseph £5,469.04 following a workplace dispute where a colleague repeatedly insulted his American nationality. The coworker called Joseph an American and a “Yank,” while also telling him to return to his country. Employment Judge Melanie Sangster determined that this behavior amounted to racial harassment. The case concerned the entire exchange, its repeated nature, and the context within a busy Aberdeen restaurant.
Joseph started working at the PizzaExpress Union Square branch in September 2024 and typically worked between 20 and 22 hours weekly. On April 8, 2025, he and waiter Michael Tortolano were the only staff serving customers. The restaurant was crowded, and both employees 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 his remarks later during the shift.
These comments were made publicly, in front of customers and others present. Joseph testified 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 the remarks and that they amounted to racial harassment. The tribunal upheld this claim under the Equality Act 2010, which includes nationality within the scope of race. The decision considered the repeated remarks, the instruction to leave the country, and the public nature of the workplace setting.
Tribunal determines compensation for emotional distress
Joseph was awarded £5,000 for injury to feelings. The tribunal placed this award at the midpoint of the lower Vento band, the scale used to determine discrimination-related compensation. An additional £469.04 was added in interest, calculated at 8% over 428 days from 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 incident on May 20, six weeks later. The tribunal deemed this delay unreasonable but found no connection between it and Joseph’s protected disclosures or actions. Tortolano later admitted the allegations during a disciplinary hearing. The company found gross misconduct and issued him a final written warning after considering his admission, remorse, and prior clean record. Separately, PizzaExpress investigated three other allegations against Joseph. A manager confirmed these claims and dismissed him summarily on June 20, 2025.
Other employment claims rejected
Joseph also claimed victimisation, whistleblowing detriments, 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 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 outcome.
The misconduct included Joseph’s behavior during the argument, a separate inappropriate comment, and unauthorized access to confidential business information. A PizzaExpress manager also found that Joseph had sent company material 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. The judgment was sent to the parties on June 10. The racial harassment claim was the only successful complaint Joseph made.