A former senior executive at the software firm
The figure of £76,071,992 represents the total loss Burns claims to have suffered following her dismissal in June 2023. 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 undecided. The tribunal’s recent decision serves only to allow the claim to proceed, rejecting an application by Gitpod to limit the potential payout to £1 million.
Tribunal Findings and Employment Context
Burns, an American technology professional with a background at companies such as Slack and Lyft, joined Gitpod in late 2022. Upon her hiring, she disclosed that she had ADHD and dyslexia, conditions she noted had previously required workplace adjustments. During her time at the firm, she raised concerns about feeling overwhelmed and requested professional ADHD coaching, which became a focal point of the tribunal’s examination into whether the company had fulfilled its legal obligations to support her.
The legal proceedings also scrutinised the events surrounding a team-building trip to Lofer, Austria, in April 2023. Following an evening with colleagues, Burns was unable to access her accommodation after misplacing her key and eventually spent the night in a sauna. While the tribunal did not classify the sauna incident itself as disability discrimination, it evaluated whether the circumstances of the trip and subsequent performance concerns were linked to her disclosed disabilities. A separate claim of direct sex discrimination brought by Burns was unsuccessful.
Future Compensation and Legal Status
The substantial sum sought by the former executive is primarily based on projected future earnings. Burns contends that her dismissal from Gitpod derailed a high-earning career in the technology sector, leading her to transition into a new field as a therapist. The tribunal judge determined that given Burns’s history of high compensation, it was premature to dismiss the valuation of her claim without further evidence. Furthermore, the tribunal has ordered the disclosure of information regarding Gitpod’s recent acquisition by OpenAI, as Burns holds shares in the company.
It is important to note that no final award has been granted. The case is currently moving toward a separate hearing to determine the appropriate level of compensation, if any, that should be awarded. Gitpod is also pursuing an appeal against the initial tribunal ruling. Should the full amount be awarded, it would significantly exceed the current record for an employment tribunal payout in the UK, which stands at approximately £4.58 million.
