ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal awarded former waiter Raymond Joseph £5,469.04 after finding evidence of racial harassment at a PizzaExpress branch. During an argument in April 2025, a colleague repeatedly called Joseph an American and a “Yank.” The colleague also told Joseph to leave and go back to his country. Employment Judge Melanie Sangster determined that the comments were directly related to nationality. The ruling considered the repeated remarks, their public nature, and their impact on Joseph.
Joseph began employment at the Union Square restaurant in Aberdeen in September 2024, working typically between 20 and 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 handle customer demand. Tortolano told Joseph that no one liked him, referenced his American nationality, and used the word “Yank.” Joseph responded with insults, including calling Tortolano a “bald loser.”
Later during the same shift, Tortolano repeated the nationality-based remarks. Some parts of the confrontation were audible to customers and others nearby. Joseph told the tribunal that these comments caused him hurt and embarrassment. He submitted a written report to a manager that day and continued working. The tribunal found that the exchange satisfied the legal criteria for harassment related to race. Under the Equality Act 2010, race encompasses nationality, citizenship, and ethnic or national origins.
Compensation reflects emotional distress
The tribunal ordered PizzaExpress to pay £5,000 for injury to Joseph’s feelings. The amount falls within the middle of the lower Vento compensation bracket, which courts use to assess emotional harm in discrimination cases. Additionally, the tribunal awarded £469.04 in interest, calculated at an annual rate of 8% over 428 days. The decision found no evidence of separate financial loss resulting from the harassment. Joseph remained employed and did not seek medical treatment as a result.
The company’s management began investigating the incident on May 20, roughly six weeks after it happened. The tribunal described this delay as unreasonable but found no unlawful motive behind it. Tortolano later admitted to the misconduct during a disciplinary hearing. As a result, management deemed his behavior gross misconduct and issued him a final written warning. They took into account his admission, remorse, and prior disciplinary record. The employer also reviewed separate allegations regarding Joseph’s conduct, access to information, and communication within the workplace.
Other claims dismissed during the hearing
A manager determined that Joseph engaged in misconduct and dismissed him without notice on June 20, 2025. The decision cited his behavior during the argument and an unrelated inappropriate comment. It also included unauthorized access to confidential company data, such as sending company material to his personal email. Joseph denied these allegations and did not appeal the dismissal. The tribunal later concluded that misconduct alone was sufficient grounds for his removal from the restaurant.
Joseph also filed claims related to victimisation, protected disclosures, and automatically unfair dismissal. All these claims were rejected. The tribunal acknowledged that some of his disclosures qualified for legal protection, but found no direct 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 succeeding only on the racial harassment claim.