ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal awarded ex-waiter Raymond Joseph £5,469.04 after establishing that he experienced racial harassment at a PizzaExpress venue. During an argument in April 2025, a coworker repeatedly referred to Joseph as an American and a “Yank,” and told him to leave and go back to his country. Employment Judge Melanie Sangster determined that these comments were directly linked to his nationality. The ruling considered the repeated remarks, their public setting, and their impact on Joseph.
Joseph began employment at the Union Square branch 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 ensued amid the high customer demand, during which Tortolano told Joseph that nobody liked him, referenced his American nationality, and used the word “Yank.” Joseph retorted with insults, including calling Tortolano a “bald loser.”
Later that same shift, Tortolano repeated the nationality-based remarks. Some parts of the confrontation were audible to customers and others nearby. Joseph testified that these comments caused him hurt and humiliation. He reported the incident in writing to a manager that day and continued working. The tribunal found that the exchange satisfied the legal criteria for racial harassment, with race encompassing nationality, citizenship, and ethnic origin under the Equality Act 2010.
Compensation Reflects Emotional Distress
The tribunal ordered PizzaExpress to pay £5,000 for injury to Joseph’s feelings, placing the award within the middle of the lower Vento compensation range, which courts apply when assessing emotional harm in discrimination cases. An additional £469.04 was awarded as interest, calculated at an annual rate of 8% over 428 days. The tribunal found no evidence of separate financial loss from the harassment. Joseph continued working without needing medical treatment.
Workplace investigations started on May 20, approximately six weeks after the incident. The tribunal deemed this delay unreasonable but found no unlawful intent behind it. During a disciplinary hearing, Tortolano admitted the allegations. Consequently, managers deemed his behavior gross misconduct, issuing a final written warning. They considered his remorse, admission, and disciplinary history. The investigation also included separate allegations about Joseph’s conduct, access to information, and communication within the workplace.
Other Claims Rejected at Hearing
On June 20, 2025, a manager concluded that Joseph had committed misconduct and dismissed him without notice. The decision was based on his behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential company information. Specifically, Joseph was found to have sent company data to his personal email. Joseph denied these claims and did not appeal his dismissal. The tribunal later determined that misconduct alone justified his removal from the restaurant.
Joseph also filed claims alleging victimisation, protected disclosures, and automatic unfair dismissal. All these claims were dismissed. The tribunal acknowledged that several of his disclosures were legally protected but found no causal link between those disclosures and the management’s decisions. The Aberdeen hearing lasted seven days in April and May 2026. The judgment was delivered to the parties on June 10, with Joseph only prevailing on the racial harassment claim.