A tech leader who was dismissed after a bizarre night during a company retreat has been cleared to pursue a £76 million compensation claim in a disability discrimination case.
A disability discrimination ruling has opened the door for former senior engineer Shannon Burns to pursue the claim against Gitpod, a technology firm now owned by OpenAI.
Following her dismissal in June 2023, Ms Burns won a disability discrimination case against Gitpod in 2025, with the tribunal finding that her dismissal amounted to disability discrimination.
The tribunal's 2025 ruling concerned Gitpod's treatment of Ms Burns' disabilities and its failure to make reasonable adjustments, rather than the sauna incident alone. The extraordinary claim is not simply based on the sauna incident.
More than £59 million of Ms Burns' £76,071,992 schedule of loss relates to projected future losses, with her legal case arguing that she could have continued earning a highly lucrative income in the technology sector. Her calculation also includes potential losses relating to equity.
The OpenAI connection could also have significant financial implications. The tribunal ordered Gitpod to disclose information about the value of its sale to OpenAI.
Judge Rachel Wedderspoon referred to an acquisition value believed to be $400 million (£302 million), while Ms Burns is understood to hold a 0.85 per cent stake in Gitpod. The judge said her shares could be worth around £2.6 million, potentially rising to £21 million over four years if the $400 million figure proves accurate.
OpenAI Deal Puts Millions in Equity in Focus
Gitpod had sought to require Ms Burns to pay a £1,000 deposit to continue pursuing compensation above £1 million, describing her £76 million claim as extraordinary and arguing that losses above £1 million had little reasonable prospect of success. The Birmingham Employment Tribunal rejected the application, allowing her to pursue the full £76,071,992 claim.
If Ms Burns were ultimately awarded anything close to the amount she is seeking, it would far exceed the current reported UK employment tribunal record of £4.58 million. However, no £76 million award has been made, and the final amount of compensation will be determined at a later hearing.
Gitpod recruited her in January 2023 to take charge of engineering as vice-president, offering an annual salary of £220,000 alongside a £78,000 annual bonus.
The Sauna Incident Behind the Dispute
During an April 2023 company retreat in the Austrian village of Lofer, Ms Burns and other employees, including CEO Johannes Landgraf, had been drinking alcohol. The tribunal was told that Ms Burns subsequently found herself locked out of her accommodation after losing her room key.
Ms Burns said her ADHD contributed to problems with forgetfulness and organisation, and she ultimately spent the night sleeping in a sauna. Chief executive Mr Landgraf subsequently raised concerns regarding her supposed 'lack of professional accountability'.
Dismissed in June 2023, Ms Burns argued that male colleagues had also been drinking during the retreat but were not dismissed. Her separate sex-discrimination claim was rejected, while her disability discrimination claim was upheld.
Why the £76M Claim Is So Large
Following a disability discrimination ruling by the Birmingham Employment Tribunal in 2025, Ms Burns anchored her £76 million demand in a detailed 'schedule of loss' projecting her career earnings. Given her substantial salary and the tech sector's high-earning potential, her schedule of loss puts future losses at more than £59 million.
Employment Judge Rachel Wedderspoon pointed out: 'She has an exceptionally high pay history.... Her case is that but for the treatment she suffered at the hands of [Gitpod] she would have continued to have a highly lucrative career.
'[Her] schedule of loss is based on past and future predicted loss and she has included the amount for loss of salary but also loss of equity because if she had continued her career in this sector part of remuneration would have consisted of equity.'
A lawyer assisting Ms Burns, Tara Grossman, alleged that Gitpod used aggressive litigation tactics during the dispute. She described the company's attempt to restrict the claim as 'oppressive'.
Gitpod is appealing the earlier ruling, while a separate compensation hearing is scheduled for a future date, when the tribunal will determine the amount, if any, that Ms Burns is entitled to receive.
