ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal awarded former waiter Raymond Joseph £5,469.04 after ruling that racial harassment occurred at a PizzaExpress establishment. During an argument in April 2025, a colleague repeatedly referred to Joseph as an American and a “Yank,” and also told him to leave and go back to his country. Employment Judge Melanie Sangster determined that these comments were directly related to nationality. The decision took into account the repeated remarks, their public setting, and their impact on Joseph.
Joseph began employment at the Union Square location in Aberdeen in September 2024, typically working 20 to 22 hours weekly. On April 8, 2025, Joseph and fellow waiter Michael Tortolano managed a busy service together. An argument erupted as both struggled to meet customer demands. Tortolano told Joseph that nobody liked him, referenced his American nationality, and used the term “Yank.” Joseph responded with insults, including calling Tortolano a “bald loser.”
Later that same shift, Tortolano repeated the nationality-based remarks. Portions of the confrontation were audible to customers and others present. Joseph testified that the comments caused him emotional hurt and humiliation. He provided a written account to a manager that day and continued working. The tribunal determined that the exchange met the legal criteria for race-related harassment. Under the Equality Act 2010, race encompasses nationality, citizenship, and ethnic or national origins.
Compensation Reflects Emotional Harm
The tribunal ordered PizzaExpress to pay £5,000 for injury to Joseph’s feelings, placing the award in the middle of the lower Vento compensation band, which courts use to assess emotional distress in discrimination cases. An additional £469.04 in interest was awarded, calculated at an annual rate of 8% over 428 days. The tribunal found no evidence of separate financial loss related to the harassment. Joseph continued working without medical treatment.
The company’s investigation into the incident began on May 20, approximately six weeks after the event. The tribunal described this delay as unreasonable but found no unlawful motives. Tortolano later admitted the allegations during a disciplinary hearing. Consequently, management deemed his conduct gross misconduct and issued a final written warning, considering his admission, remorse, and disciplinary history. The employer also investigated other allegations regarding Joseph’s conduct, access to information, and workplace communication.
Claims of Misconduct and Unfair Dismissal Rejected
A manager concluded that Joseph had engaged in misconduct and dismissed him without notice on June 20, 2025. The findings included his behavior during the argument, a separate inappropriate comment, and unauthorized access to confidential company information. It was established that Joseph had sent company material to his personal email account. Joseph denied the allegations and chose not to appeal his dismissal. The tribunal subsequently determined that misconduct alone was sufficient grounds for his removal from the restaurant.
Joseph also filed claims for victimisation, protected disclosures, and automatically unfair dismissal. All these claims were dismissed by the tribunal. While recognizing that several disclosures by Joseph qualified for legal protection, the tribunal found no causal link between those disclosures and the management decisions in question. The Aberdeen hearing lasted seven days across April and May 2026. The tribunal issued its judgment on June 10, with Joseph only succeeding on the racial harassment claim.