ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has directed PizzaExpress to pay former employee Raymond Joseph £5,469.04 after a coworker repeatedly targeted his American nationality during a workplace dispute. 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 ruling considered the entire exchange, its repetition, and the setting within a busy Aberdeen restaurant.
Joseph began working at the PizzaExpress Union Square outlet 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 found it difficult 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 reiterated his remarks later during the shift.
These comments were made publicly, in the presence of customers. Joseph told 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 constituted racial harassment. The tribunal upheld this claim under the Equality Act 2010, which includes nationality within the definition of race. The decision addressed the repeated remarks, the instruction to leave the country, and the public workplace environment.
Tribunal awards damages 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 April 2025 incident. 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 started its investigation into the incident on May 20, six weeks after it occurred. The tribunal considered this delay unreasonable but found no connection between the delay and Joseph’s protected disclosures or actions. Tortolano later admitted to the allegations during a disciplinary hearing. PizzaExpress found gross misconduct and issued him a final written warning, considering his admission, remorse, and clean record. The company also conducted separate investigations into three allegations against Joseph. A manager found these allegations substantiated and dismissed him summarily on June 20, 2025.
Other employment claims rejected
Joseph also claimed victimisation, detriments related to whistleblowing, and automatic unfair dismissal. All these claims were dismissed by the tribunal. PizzaExpress had acknowledged that 13 of his 24 claimed disclosures qualified as protected disclosures before the final hearing. However, the tribunal found no causal link between those disclosures and the contested decisions. It concluded Joseph was dismissed solely due to proven misconduct. The tribunal also determined that his protected acts did not influence the dismissal decision.
The misconduct included his 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 material to his personal email address. 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 race harassment claim remained Joseph’s only successful complaint.