ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal has directed PizzaExpress to pay former employee Raymond Joseph £5,469.04 following a workplace confrontation in which a colleague repeatedly targeted his American nationality. During the altercation, the colleague referred to Joseph as an American and a “Yank,” and told him to return to his country. Employment Judge Melanie Sangster determined that this behavior amounted to racial harassment. The ruling considered the entire exchange, its repeated nature, and the context within a bustling Aberdeen restaurant.
Joseph began 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 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 his shift.
These comments were made in front of other patrons. Joseph stated to the tribunal that he felt hurt and humiliated. He reported the incident to a manager that same day and continued working. PizzaExpress later acknowledged that Tortolano made the remarks and that they constituted racial harassment. The tribunal upheld this claim under the Equality Act 2010, which defines nationality as part of the protected characteristic of race. The decision addressed the repetitive nature of the comments, the instruction to leave the country, and the 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 mid-range of the lower Vento band, used to determine discrimination compensation. Additionally, £469.04 in interest was added, 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 leave or seek medical treatment but remained distressed and repeatedly questioned why managers had not initiated an investigation.
PizzaExpress started investigating 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 actions. Tortolano later admitted to the allegations during disciplinary proceedings. Following this, PizzaExpress found gross misconduct and issued him a final written warning, considering his admission, remorse, and clean employment record. Separately, the company investigated three allegations against Joseph, which a manager found substantiated, leading to his summary dismissal on June 20, 2025.
Other claims of employment discrimination dismissed
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 these disclosures and the decisions made against him. 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 findings related to Joseph’s behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential company information. A PizzaExpress manager also discovered that Joseph had sent 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 race harassment claim remained Joseph’s only successful complaint.