Shannon Burns can pursue a £76 million compensation claim from Gitpod after a tribunal rejected the company’s bid to cap her claim at £1 million. (Photo: Georgia Bates/Solent News)
A senior technology executive who was dismissed after sleeping in a sauna during a work trip has been given the right to pursue a £76 million compensation claim against software company Gitpod, in a case that could result in one of the largest awards in British employment tribunal history. Shannon Burns can formally seek £76,071,992 after the Birmingham Employment Tribunal rejected Gitpod’s application to restrict her potential compensation claim to £1 million. The development was reported by The Independent, which said the proposed payout could surpass the current known record of £4.58 million. Burns was hired by Gitpod in late 2022 as its vice-president of engineering, with an annual salary of £220,000 and a £78,000 bonus. In April 2023, she attended a team-building event in Lofer, Austria, where she and other employees, including CEO Johannes Landgraf, consumed alcohol. Burns was dismissed in June 2023. In 2025, the Birmingham Employment Tribunal ruled in Burns’ favour on her claims of discrimination arising from disability and failure to make reasonable adjustments.
Following the trip, Landgraf raised concerns about what he described as her “lack of professional accountability”. Before joining the company, she had held positions at Silicon Valley firms including Slack and Lyft. One evening, Burns was unable to enter her room after forgetting her key. Her ADHD, which she had disclosed to the company, was described during the tribunal proceedings as causing significant forgetfulness and a tendency to lose items. Unable to access her room, she slept in a sauna. Burns later argued that her male colleagues had also been drinking during the event but that she was the only one dismissed. Her separate claim of direct sex discrimination was dismissed. The tribunal ordered that a further hearing would determine compensation.
Judge Wedderspoon referred to an acquisition value believed to be $400 million (£302 million). Burns is understood to hold a 0.85 per cent stake in Gitpod. Based on that valuation, the tribunal said her shares could be worth around $3.4 million (£2.6 million), potentially rising to $27.85 million (£21 million) in four years if the $400 million figure proves accurate.
The tribunal also ordered Gitpod to disclose information concerning the value of its recent sale to OpenAI.
Her £76 million schedule of loss is based largely on projected future earnings and lost equity. At the latest hearing, Gitpod asked the tribunal to impose a £1,000 deposit order and effectively prevent Burns from pursuing losses above £1 million. Australian competition authorities have confirmed that the proposed acquisition involved OpenAI acquiring 100 per cent of Gitpod, Inc., known as Ona. She said Burns had already earned more than £1 million in junior technology roles and that her Gitpod compensation package included both a £220,000 salary and equity that could potentially have become highly valuable. Despite the latest ruling, Burns has not been awarded £76 million. The tribunal’s 2025 judgment established Burns’ successful disability-related claims but left the question of compensation for a later hearing.
Because it was aware of the potential value of Burns’ Gitpod shares following the OpenAI transaction, she said the company’s attempt to reduce the claim to £1 million was particularly problematic. The £76 million figure therefore remains a claim being pursued, rather than a sum already awarded by the tribunal.
Burns has ADHD and has said that she developed PTSD during the period surrounding her dismissal. Burns argues that she could have continued earning at a high level in the technology sector had she not been dismissed, according to the case. The company described her claim for more than £76 million as “extraordinary” and argued that the calculations in her schedule of loss had “little reasonable prospect of success”. Burns’ lawyers opposed the application, describing it as “oppressive”. She noted that Burns had an “exceptionally high pay history” and that her calculations included not only lost salary but also potential losses relating to equity. The judge said the size of the claim was “highly unusual” and potentially more typical of awards sought in the United States. Tara Grossman, an employment lawyer assisting Burns, described the tribunal decision as a “resounding success” and defended the £76 million calculation.
She has since left the technology industry and is retraining as a therapist. Employment Judge Rachel Wedderspoon rejected Gitpod’s application. However, she concluded that the tribunal could not determine at this stage that Burns’ valuation had little reasonable prospect of success without expert evidence on employment remuneration and medical matters. OpenAI’s acquisition of Gitpod, which was rebranded as Ona, has been subject to regulatory proceedings. Grossman also accused Gitpod of using aggressive legal tactics to prolong the dispute and put pressure on Burns. Those assertions are Burns’ legal team’s characterization of the proceedings and have not been established as findings of the tribunal. The tribunal has only ruled that she can pursue the amount claimed, while the final compensation figure will be determined at a separate remedy hearing. If Burns ultimately receives an award close to the amount she is seeking, it would represent an extraordinary figure by British employment tribunal standards. You use AI every day. Now get your AI Quotient. Take the AIQ test.
That hearing is expected to take place after the conclusion of the ongoing appeal proceedings relating to the earlier tribunal ruling.