ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal ordered former waiter Raymond Joseph to receive £5,469.04 after finding that he was subjected to racial harassment at a PizzaExpress restaurant. During an argument in April 2025, a coworker repeatedly called Joseph an American and a “Yank,” and told him to leave and go back to his country. Employment Judge Melanie Sangster ruled that these comments were directly related to nationality. The decision considered the repeated remarks, their public context, and their impact on Joseph.
Joseph began working at the Union Square branch in Aberdeen in September 2024, typically putting in 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 no one liked him, referenced his American nationality, and used the word “Yank.” In response, Joseph retorted with insults, including calling Tortolano a “bald loser.”
Later that same shift, Tortolano repeated the nationality-based remarks. Parts of the confrontation were audible to customers and others present. Joseph told the tribunal that these comments caused him hurt and embarrassment. He submitted a written account to a manager that day and continued working. The tribunal determined that the exchange satisfied the legal criteria for racial harassment. 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. This amount falls within the middle of the lower Vento compensation band, a framework used by courts to evaluate emotional harm in discrimination cases. An additional £469.04 was awarded in interest, calculated at an 8% annual rate over 428 days. The tribunal found no evidence of separate financial loss related to the harassment. Joseph continued working without seeking medical treatment.
The investigation into the workplace incident began on May 20, roughly six weeks after it took place. The tribunal described this delay as unreasonable but found no unlawful motive behind it. Tortolano later admitted to the allegations during a disciplinary hearing. As a result, management deemed his conduct to be gross misconduct and issued a final written warning, considering his admission, remorse, and disciplinary history. The company also examined separate claims regarding Joseph’s conduct, access to information, and communication within the workplace.
Other claims dismissed during hearing
A manager concluded that Joseph engaged in misconduct and dismissed him without notice on June 20, 2025. This decision was based on his behavior during the argument, as well as an unrelated inappropriate comment, and included unauthorized access to confidential company information. Specifically, the manager found that Joseph had sent company material to his personal email. Joseph denied these allegations and did not challenge the dismissal through an appeal. The tribunal later confirmed that misconduct was the sole reason for his removal from the restaurant.
Joseph also filed claims alleging victimisation, protected disclosures, and an automatically unfair dismissal. All these claims were rejected by the tribunal. While it acknowledged that some of his disclosures qualified for legal protection, it found no causal link between those disclosures and the management decisions in question. The Aberdeen hearing lasted for seven days across April and May 2026. The tribunal issued its judgment on June 10, with Joseph prevailing only on the racial harassment claim.