In Mr Joseph v Pizza Express Limited, a waiter was awarded more than £5,000 for racial harassment. This came after he faced a “yank” slur during a heated exchange. His subsequent dismissal was found not to be influenced by his whistleblowing of colleagues using cannabis and vapes at work, however, leading to the dismissal of his other claims.

Read on as we examine the case facts and the tribunal’s judgment. We explore workplace harassment and the associate rights under UK employment law before establishing the steps individuals can take if they believe their rights have been breached.

If you think you’ve faced harassment at work, contact Redmans Solicitors without delay. Our team of employment specialists is here to help. Following a brief chat, we can assess your case, provide answers and outline your possible steps going forward.

It only takes a moment to find clarity on your position, simply:

• Call us on 020 3397 3603
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The Facts in Mr Joseph v Pizza Express Limited

Background to the Racial Harassment Claim

Mr Joseph (the “Claimant”) began working as a waiter for Pizza Express Limited (the “Respondent”) on 23 September 2024. During proceedings, he explained how early into his employment he had a feeling that one of the shift managers didn’t like him. This led to him discussing the matter with Respondent’s general manager on various occasions, claiming he’d faced lots of “microaggressions.”

On 26 February 2025, the Claimant posted on the company’s social media, Slice, outlining his disapproval of the Respondent’s new merchandise to celebrate its 60th anniversary since opening. He claimed the merchandise had patterns resembling “swastikas,” and stated, “It’s obvious they [head office] never consult with the workers who actually have to wear this garbage.”

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These comments went against the Respondent’s policy, though, which asserted that the platform must only be used in a “positive and respectful” manner. As such, while the merchandise was withdrawn and later changed, the Claimant was called into an informal meeting. This led to him receiving a letter of concern, outlining the Respondent’s expected standards and cautioning him on his use of language, after he said a colleague looked like “he just got dropped off from a Mumbai helpline call centre.”

Dismissal Leads to Workplace Harassment Claim

The central issue in this claim, however, took place on 8 April 2025. The Claimant was involved in an altercation, during which one of his colleagues said, “Why don’t you just leave, nobody f–king likes you, f–king American, go back to your country you f–king yank.” The Claimant responded, “f–k off bald loser.”

This altercation upset the Claimant and made him angry. He felt particularly humiliated by the fact that the comments were made in front of others, including restaurant customers.

An investigation eventually followed, resulting in the Claimant’s suspension on 2 June 2025. While the investigation initially concerned the April altercation, he was suspended for accessing and emailing himself confidential business information without authorisation.

The Claimant had made a series of protected disclosures to the Respondent covering issues including colleagues using cannabis while at work. Nonetheless, following a disciplinary hearing on 16 June, he was summarily dismissed for gross misconduct on 20 June. Notably, the Respondent concluded that he’d shown no accountability or remorse for his actions on 8 April, despite previously receiving a letter of concern.

Following his dismissal, the Claimant then pursued employment tribunal proceedings, claiming racial harassment, victimisation, detriment for making a protected disclosure and automatic unfair dismissal for the same.

The Employment Tribunal’s Judgment

During the proceedings, the Respondent accepted that a colleague had made the “yank” slur. As such, the employment tribunal upheld the Claimant’s racial harassment claim.

However, this was the only claim to succeed. While the tribunal acknowledged that the Claimant had made some qualifying disclosures, it found that neither the Respondent’s actions nor its decision to dismiss him arose due to said disclosures. Instead, those actions arose from the Claimant’s conduct.

With this in mind, the Claimant was awarded £5,469.04, including £469.04 of interest.

Racial Harassment at Work

Under UK law, individuals are protected against unwanted conduct related to their ‘protected characteristics,’ which violates their dignity or subjects them to an intimidating, hostile, degrading, humiliating or offensive environment.

There are several protected characteristics, including race. The Equality Act 2010 sets out that race can include a person’s skin colour, nationality, and ethnic or national origin. If someone is subjected to such unwanted conduct at work due to any of these elements, they may be able to bring a racial harassment claim.

Steps to Take if Rights are Breached

If an individual believes they’ve faced workplace harassment relating to their race, several steps can be taken to seek justice. Before any such steps are pursued, though, it’s recommended to gather evidence of the act(s) complained of to strengthen the case. Evidence could include the contact information of witnesses for future statements, CCTV footage or email correspondence.

Once evidence has been collected, depending on the circumstances, individuals should consider the internal avenues available. An informal chat with HR could resolve the matter swiftly, but if this is unsuitable, raising a formal grievance could provide a solution. In any event, resolving the issue at this stage would avoid the stresses and costs associated with more formal proceedings.

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Where an internal resolution cannot be found, however, the next step is often through Acas. Its free and independent early conciliation process provides another chance to resolve the matter informally. What’s more, this step is typically required before an employment tribunal claim can be brought.

Yet, if all else fails, it may then be time to consider a claim. Employment tribunals impose strict time limits and eligibility criteria on bringing a claim, but if successful, compensation could be awarded.

Racial Harassment: Get Help with Redmans

If you think you’ve faced racial harassment at work, get in touch with Redmans Solicitors today. Following a brief chat, our team of employment specialists can assess your case, answer your questions, and provide expert advice.

It only takes a moment to begin your journey with us, simply:

• Phone us directly on 020 3397 3603
• Fill out our online form with your details to request a callback