Pizza Express Employee Wins Tribunal Over Racial Harassment Claims

ALN NEWS DESK
ALN NEWS DESK
Updated : Jul 15, 2026, 06:14 AM IST
5 min read
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A waiter at Pizza Express has been awarded £5,469 after a tribunal found he was racially harassed by a colleague, while other claims were dismissed.

A man has been awarded £5,469.04 after a lengthy employment tribunal involving Pizza Express, accusations of racial harassment, and an allegedly winking judge. This case underscores the complexities of workplace dynamics, particularly in the context of race and harassment, as well as the legal implications for employers regarding employee treatment and disciplinary actions.

Raymond Joseph, a waiter, raised concerns about his treatment at the Pizza Express outlet in Union Square, Aberdeen, where he began working on September 23, 2024. The tribunal found that he had been a victim of harassment related to race due to comments made by a colleague, although several other claims were dismissed. This case highlights the ongoing issues of racism and discrimination in the workplace, which have been the focus of numerous legal battles in recent years.

From the start of his employment, Mr. Joseph felt that shift manager Evan Baranowski was hostile towards him. Such perceptions of hostility can create a toxic work environment, leading to decreased employee morale and productivity. Mr. Joseph sent WhatsApp messages to his general manager, Bethany McFarlane, urging her to address Mr. Baranowski's authoritarian behavior after being reprimanded for being one minute late. This incident contributed to a negative atmosphere for Mr. Joseph, showcasing how minor infractions can escalate into larger issues of workplace culture and employee relations.

In a series of complaints, Mr. Joseph expressed concerns about staffing levels and the design of new merchandise, which he believed resembled swastikas. His comments on the company intranet, Slice, included a sarcastic remark about the design of new uniforms, stating, "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." Ms. McFarlane advised him that Slice was not an appropriate forum for such complaints, indicating a potential disconnect between management and staff regarding communication channels and employee grievances.

Despite his concerns, Mr. Joseph's posts led to an informal meeting with management, where issues regarding his timekeeping and excessive messaging were discussed. Additionally, his YouTube channel, which featured a naked image of him, became a topic of concern among staff. This situation illustrates the complexities of personal expression in the digital age, particularly how an employee's online presence can affect their professional life and relationships with colleagues.

On April 8, 2025, Mr. Joseph had a heated altercation with another waiter, Michael Tortolano, who made derogatory remarks about Mr. Joseph's nationality. The incident escalated quickly, with Mr. Joseph retaliating by calling Mr. Tortolano a "bald loser" and using other offensive language. This incident prompted a formal complaint, revealing the challenges of maintaining professionalism in high-stress environments and the repercussions of personal conflicts among staff.

Following a six-week delay, Mr. Tortolano admitted to his misconduct and received a final written warning. This outcome raises questions about the effectiveness of disciplinary measures in the workplace and whether they adequately address issues of harassment and discrimination. Meanwhile, Mr. Joseph continued to raise concerns about understaffing and inappropriate conduct among staff, including allegations of cannabis use, further complicating the work environment.

During a disciplinary hearing, various allegations against Mr. Joseph were discussed, including his conduct towards Mr. Tortolano and inappropriate comments made to a female team member. The hearing concluded with Mr. Joseph's dismissal, which he contested at an employment tribunal. This highlights the legal complexities surrounding employment disputes, particularly concerning the balance between an employer's right to enforce workplace conduct and an employee's rights to fair treatment and due process.

Throughout the tribunal proceedings, Mr. Joseph represented himself, which is not uncommon in employment disputes, especially for individuals who may not have the financial resources to hire legal representation. He raised concerns about the judge's impartiality, claiming Judge Sangster had winked at Pizza Express' solicitor, Erin Moncur. The judge denied this allegation, assuring Mr. Joseph of the absence of any conflict of interest, which emphasizes the importance of perceived impartiality in legal proceedings and the trust that parties must have in the judicial system.

After hearings spanning from April 15 to May 1, 2026, the tribunal upheld Mr. Joseph's claim of racial harassment due to Mr. Tortolano's comments, which were not contested by Pizza Express. However, other complaints related to whistleblowing were dismissed, as the tribunal found no evidence that Mr. Joseph was suspended or dismissed due to those disclosures. This outcome illustrates the complexities of proving harassment and discrimination in a legal context, as well as the challenges employees face when seeking justice for perceived wrongs in the workplace.

Ultimately, Mr. Joseph was awarded £5,000 plus interest of £469.04, representing 8% from April 8, 2025. This financial award serves as a reminder of the potential consequences for employers who fail to adequately address harassment and discrimination claims in their workplaces. It also highlights the importance of having clear policies and training in place to prevent such issues from arising in the first place.

The implications of this case extend beyond the individuals involved, reflecting broader societal issues related to race, workplace culture, and the legal responsibilities of employers. As companies continue to navigate the complexities of diversity and inclusion, the outcomes of cases like Mr. Joseph's may influence policy changes, training programs, and the overall approach to employee relations in the hospitality industry and beyond.

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