ABERDEEN, SCOTLAND / RankWire.AI / – A Scottish employment tribunal awarded ex-waiter Raymond Joseph £5,469.04 after ruling that he faced 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 determined that these comments directly related to nationality. The tribunal’s decision considered the repeated remarks, their public setting, and their impact on Joseph.
Joseph began employment at the Union Square restaurant in Aberdeen in September 2024, typically working between 20 and 22 hours weekly. On April 8, 2025, Joseph and fellow waiter Michael Tortolano managed a busy service together, which led to an argument 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 called Tortolano a “bald loser” among other insults.
Later that same shift, Tortolano repeated the nationality-based comments. The confrontation was audible to customers and others nearby. Joseph testified that these remarks caused him hurt and humiliation. He provided a written account to a manager that same day and continued working. The tribunal found that the exchange satisfied the legal criteria for race-related harassment. Under the Equality Act 2010, race encompasses nationality, citizenship, and ethnic or national origins.
Compensation Acknowledges 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. Courts utilize this framework when evaluating 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 seeking medical treatment.
Workplace investigation commenced on May 20, roughly six weeks after the incident. The tribunal described this delay as unreasonable but found no unlawful motive behind it. Tortolano later admitted the allegations during a disciplinary hearing. As a result, management deemed his conduct gross misconduct and issued a final written warning, considering his remorse, admission, and disciplinary history. The company also reviewed separate claims concerning Joseph’s conduct, access to information, and workplace communications.
Other Claims Rejected in Tribunal
A manager concluded Joseph had committed misconduct, leading to his summary dismissal on June 20, 2025. The decision was based on his behavior during the argument, an unrelated inappropriate comment, and unauthorized access to confidential company data. Specifically, Joseph was found to have sent company materials to his personal email. Joseph denied these accusations and did not appeal the dismissal. The tribunal later determined that misconduct was the sole reason for his removal from the restaurant.
Joseph also filed claims related to victimisation, protected disclosures, and automatically unfair dismissal. These complaints were dismissed by the tribunal. While acknowledging that some of his disclosures were protected by law, 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 to the parties on June 10, confirming Joseph’s success solely on the racial harassment claim.