An American-born waiter, Raymond Joseph, has been awarded over £5,000 in compensation after an employment tribunal found he suffered racial discrimination at a Pizza Express in Aberdeen, Scotland. The ruling came after a dispute with a colleague, Michael Tortolano, during which Joseph was reportedly told to 'go back to your country' and called a 'yank'.
The tribunal determined that remarks such as telling an American to return home and using the term 'yank' constitute racial harassment under UK employment law. Joseph had claimed that the remarks made by Tortolano in front of customers left him feeling 'hurt and humiliated'.
Joseph began working as a waiter at the Aberdeen branch in September 2024. He had previously raised concerns with general manager Bethany McFarlane about a shift manager, Evan Baranowski, whom he felt disliked him. Joseph alleged that Baranowski was overly authoritarian, lectured him for minor lateness, rounded down his working hours, and manipulated table payments to affect his tips.
In February 2025, Joseph posted a message on the company's internal social media platform, Slice, expressing concern that clothing designed for Pizza Express's 60th birthday celebration bore designs resembling swastikas, which he felt could be offensive to ethnic and religious groups. He included a 'trigger warning' for the designs, suggesting they could be seen as 'highly offensive'.
Following this post, Joseph was called into a meeting in March 2025 where his Slice comments, frequent messages to management, and sharing of music with colleagues were discussed. He received a 'letter of concern' and was reminded of the company's 'community code'. Concerns were also raised about a prior WhatsApp message in which Joseph commented that a colleague resembled someone from a 'Mumbai helpline call centre'.
The incident that led to the tribunal ruling occurred on April 8, 2025, when Joseph and Tortolano had an altercation. Following the derogatory remarks made by Tortolano, Joseph reportedly responded with expletives and insults.
Joseph later complained about hygiene standards, specifically waiters serving ice with 'dirty hands and fingernails'. An investigation into the incident was launched, but Joseph also raised concerns about protected disclosures being revealed. He was suspended in June 2025 for breaching company policy. A subsequent disciplinary hearing found him guilty of gross misconduct, resulting in a final written warning. A further meeting led to his dismissal.
Joseph's claims of victimisation for making protected disclosures, his unfair dismissal, and a separate claim regarding the swastika-like designs were dismissed by the tribunal. However, the harassment claim related to the comments made by Tortolano was upheld. Employment Judge Melanie Sangster stated in her written ruling that Pizza Express conceded the comments made on April 8, 2025, constituted harassment related to race.
While Joseph did not require time off or medical assistance following the incident, the judge noted he remained upset and angry. The tribunal awarded Joseph £5,469 in compensation for his hurt feelings. Pizza Express has been contacted for comment.