The case involved American employee Raymond Joseph and former co-worker Michael Tortolano at a Pizza Express restaurant in Aberdeen. Joseph claimed Tortolano shouted at him during a shift, saying: “Go back to your country, you f*cking Yank.” Tribunal judge Melanie Sangster ruled the comment “constituted harassment related to race” and awarded Joseph more than £5,000 in compensation.
The dispute followed a series of workplace disagreements involving Joseph and other employees. The tribunal heard that Joseph had raised concerns about his managers, including accusing shift manager Evan Baranowski of creating a “bad vibe” and acting in an “authoritarian” manner after he was reportedly reprimanded for arriving one minute late.
Joseph also complained about workplace decisions, including claims that tables were transferred away from him to reduce his tips and that his hours were being rounded down.
The tribunal heard Joseph had also criticized proposed Pizza Express anniversary uniforms, claiming they appeared to contain swastika images. He wrote on the company’s internal platform, Slice: “Maybe these should be the new head office uniforms! "It’s obvious they never consult with the workers who actually have to wear this garbage.”
The judge rejected the claim that the uniforms featured Nazi symbols. Weeks after an informal meeting about Joseph’s workplace complaints and messages, the confrontation with Tortolano took place in front of customers, according to the tribunal.
Joseph said Tortolano told him: “Why don’t you just leave, nobody f*cking likes you, f*cking American, go back to your country, you f*cking Yank."
Joseph responded: “F*ck off bald loser,” and referred to Tortolano as an “incel.” Joseph later said he was “hurt and humiliated” by the exchange. He was suspended, investigated internally, found guilty of gross misconduct, and dismissed from his waiter position.
The tribunal also considered other comments Joseph had made, including a WhatsApp message in which he said a colleague looked like “he just got dropped off from a Mumbai helpline call centre”.






