A former senior executive at the software firm
The figure of £76,071,992 represents the total amount Burns is seeking in her schedule of loss, a significant portion of which is based on projected future earnings. While the tribunal has ruled in her favour regarding claims of discrimination arising from disability and a failure to provide reasonable adjustments, the final compensation amount remains undetermined. A separate hearing will be required to establish the actual sum, if any, to be awarded.
Tribunal Rejects Compensation Cap
Gitpod had previously attempted to limit the potential payout to £1 million, arguing that the claim should be restricted. However, the Birmingham Employment Tribunal rejected this application, allowing the case to proceed with the higher valuation. The presiding judge noted that given Burns’s history of high earnings in the technology sector, it was premature to dismiss the claim without further evidence.
The legal proceedings have also touched upon the company’s recent acquisition by OpenAI, with the tribunal ordering the disclosure of relevant information, as Burns holds shares in the firm. The case follows Burns’s dismissal from Gitpod in June 2023, which occurred approximately two months after a team-building trip to Austria. During that trip, an incident involving a locked room led to Burns spending the night in a sauna, an event that became part of the company's broader concerns regarding her performance and conduct.
Disability Disclosure and Legal Context
Burns, who has previously held leadership roles at companies such as Slack and Lyft, had disclosed her ADHD and dyslexia to Gitpod upon joining the firm in late 2022. The tribunal examined whether the company had adequately responded to her requests for workplace support, including her inquiries regarding ADHD coaching. While the tribunal found in her favour on disability-related grounds, it dismissed a separate claim of direct sex discrimination.
Since her departure from the technology industry, Burns has reportedly begun retraining as a therapist. The current legal status of the case involves ongoing proceedings to determine the final compensation, alongside an appeal concerning the initial tribunal ruling. Should the full amount be awarded, it would significantly exceed the current record for a UK employment tribunal payout, which stands at approximately £4.58 million. For now, the case remains a high-stakes dispute over the valuation of career losses and the legal obligations of employers toward staff with disabilities.
