Pizza Express waiter wins £5k race harassment case after colleague called him a ‘Yank’

Pizza Express waiter wins £5k race harassment case after colleague called him a ‘Yank’ Michael Tortolano told Raymond Joseph to ‘go back to your country’ during the heated exchange - Bookmark Calling an American a "Yank" and telling them to go back to their country constitutes racial harassment under UK employment law, a judge has ruled. The decision was handed down in a case involving an American waiter at a Pizza Express in Aberdeen. Raymond Joseph was working at the restaurant chain in September 2024 when a co-worker, Michael Tortolano, told him: "go back to your country you f***ing Yank". Offended by the comment, Mr Joseph pursued a claim for race harassment, which he subsequently won, securing over £5,000 in compensation. During his employment, Mr Joseph, who worked 20-22 hours a week, also reported feeling that one of his shift managers, Evan Baranowski, did not like him. He complained to his general manager, Bethany McFarlane, that Mr Baranowski would "lecture" him about being one minute late and was a bit "authoritarian" – saying that it created a "bad vibe". He also complained about Mr Baranowski rounding down his working hours and transferring table payments so that he would not receive tips. In February 2025, Pizza Express encouraged staff to work in clothing designed to celebrate the chain’s 60th birthday. Mr Joseph posted on the company’s intranet social media page, called Slice, complaining that the anniversary clothing looked like it had "swastikas" on it. He put out a "trigger warning" as the designs could be seen as "highly offensive". He wrote: "Maybe these should be the new head office uniforms!! Its obvious they never consult with the workers who actually have to wear this garbage." In March 2025 he was called into an informal meeting with Ms McFarlane where his Slice comments were discussed, along with his frequent messages to her in relation to work matters. They also discussed the fact that he frequently sent his music to staff members. Mr Joseph was subsequently sent a "letter of concern" and reminded of the company’s "community code". Concerns were also raised about a previous WhatsApp message in the restaurant’s group chat, where Mr Joseph said that a colleague looked like "he just got dropped off from a Mumbai helpline call centre". On 8 April 2025, Mr Joseph got into an altercation with Mr Tortolano, another waiter. During a busy service, Mr Tortolano said: "Why don’t you just leave, nobody f***ing likes you, f***ing American, go back to your country you f***ing Yank," the tribunal recorded. Mr Joseph replied "f*** off bald loser" and called Mr Tortolano an "incel c***". Mr Joseph said he was left feeling "hurt and humiliated" by the comments, which had been made in front of customers. He also later complained of waiters serving ice with their "dirty hands and fingernails". An investigation took place into the incident, but Mr Joseph complained about protected disclosures that he said had been revealed. He was suspended in June 2025. He later emailed some of his bosses, saying that Mr Tortolano had previously admitted to being a regular cannabis user and was "still high from the day before". A disciplinary hearing found him guilty of gross misconduct and a final written warning was given. However, a further meeting took place and he was fired. Mr Joseph took the case to an employment tribunal in Aberdeen. During the tribunal, he complained about the judge winking at Pizza Express’ solicitor – but this claim was dismissed. Employment Judge Melanie Sangster said Mr Tortolano’s comment towards Mr Joseph about him being a "f***ing Yank" and telling him to go back to his country amounted to race harassment. Judge Sangster said: "[Pizza Express] conceded that [Mr Tortolano] had made comments towards [Mr Joseph] on April 8, 2025, as documented in his WhatsApp message and witness report on the same date, which constituted harassment related to race. "That complaint accordingly succeeds." For his successful race harassment claim, Mr Joseph was awarded £5,469.04. Mr Joseph also made claims of victimisation, detriment as a result of making protected disclosures (whistle blowing), and automatically unfair dismissal. Judge Sangster ruled that all of those claims were dismissed. [Image text:] PIZZX EXPRESS