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Tribunal Allows Ex‑Gitpod Engineer to Pursue £76m Claim

A judge dismissed Gitpod’s attempt to cap damages and ordered the firm to disclose its OpenAI sale value before a remedy hearing.

Overview

  • The Birmingham Employment Tribunal, which dismissed Gitpod’s cap application on Thursday, September 24, 2026, ruled Shannon Burns may formally pursue £76,071,992 in compensation.
  • Burns won liability in 2025 when the tribunal found her 2023 dismissal was disability discrimination and that the company failed to make reasonable adjustments for her ADHD.
  • Her £76m schedule of loss is built from projected lost salary and lost equity, based on a reported OpenAI acquisition value believed to be $400 million and Burns’s 0.85% stake.
  • The tribunal ordered Gitpod to disclose details of the OpenAI sale ahead of a separate remedy hearing to set any award, and Gitpod has signalled it will pursue appeals and further legal steps.
  • If a tribunal were to approach the sum claimed it would far exceed the current known UK record award and raise fresh questions about how courts value long‑term pay and equity losses for senior tech staff.