This case has attracted a lot of attention because of its unusual facts – but beneath the headlines, it raises serious issues for employers about ADHD, disability discrimination, and the duty to make reasonable adjustments.
Let’s break down what happened, what the tribunal found, and what lessons employers must take from this decision.
What Actually Happened
Shannon Burns was a Vice President of Engineering at Gitpod, earning £220,000 plus a significant bonus.
In April 2023, she attended a team-building trip in Austria. After drinking one evening, she misplaced her hotel key card. Unable to wake her roommate or find a receptionist, she ended up sleeping overnight in the hotel sauna.
Although unusual, this could have been seen as an embarrassing mishap. But two months later, Gitpod dismissed her. The official reason? That her actions had caused colleagues to lose confidence in her leadership.
The tribunal heard evidence that Burns had been open about her ADHD diagnosis. She described feeling “deeply overwhelmed” and had asked her employer for support, such as ADHD coaching and occupational health referrals. No steps were taken.
Her behaviour at the retreat – losing the key and making unwise decisions – was found to be linked to her ADHD-related forgetfulness and executive function challenges, not just alcohol consumption.
What Claims Were Brought 📑
Burns brought three claims:
- Failure to make reasonable adjustments (Equality Act 2010) – arguing Gitpod should have provided support for her ADHD.
- Discrimination arising from disability – saying her dismissal was because of conduct connected to her ADHD.
- Direct sex discrimination – alleging she was treated more harshly because she was a woman.
What Did the Tribunal Decide? ⚖️
✅ Disability discrimination was upheld.
- Gitpod knew about her ADHD and the difficulties she was experiencing.
- She had specifically requested adjustments – but nothing was done.
- The tribunal accepted that her forgetfulness was linked to ADHD, not just the alcohol she had consumed.
- Dismissing her for behaviour arising from her disability, without considering adjustments, was unlawful discrimination.
❌ Sex discrimination was dismissed.
- The tribunal found her treatment was not based on gender.
- It concluded a male executive in the same situation would likely have been treated in the same way.
What Was the Value? 💷
The compensation hasn’t been decided yet – a separate remedy hearing will determine this.
However, given her senior role and salary, any award could be very significant. Employers should note that damages for discrimination claims are uncapped.
Lessons for Employers 📝
This case goes beyond the headlines – it highlights the very real risks when employers ignore requests for disability support.
Here are the key takeaways:
- Reasonable adjustments are a legal duty. Once an employer is aware of an employees disability, they must act – failure to do so is unlawful.
- The impact of neurodivergence must be recognised by employers. Forgetfulness, overwhelm, and executive function challenges are not “carelessness” – they can be disability-related effects.
- Support senior leaders too. Legal protections apply to every employee, regardless of pay or position.
- Training managers is essential. Line managers are often the first to hear about support needs. Without awareness, requests can be ignored or mishandled.
- Document everything. Keep records of requests for adjustments, steps taken, and consultations. This can make or break a tribunal defence.
- Use occupational health and needs assessments early. Referrals provide expert guidance on whats reasonable adjustments might support the employee in their role, reducing risk and showing good faith.
- Don’t make assumptions. What seems like misconduct may be linked to disability. Always consider whether behaviour could arise from a health condition before taking disciplinary action and always consider what further investigations might be needed before a decision is finalised.
- Consider culture. Offsites, alcohol, and “team building” can create pressure and risks, especially for neurodivergent colleagues. Inclusion isn’t just in the office – it’s everywhere work happens. Are your team meetings and off-sites inclusive?
- Prevention saves money. Coaching, workload adjustments, and supportive policies are far less costly than tribunal litigation.
How Thrive Law Can Help 🌱
At Thrive Law, we support employers to:
- Deliver neurodiversity, disability inclusion and reasonable adjustments training for managers.
- Provide bespoke advice on reasonable adjustments and managing employees with disabilities and balancing this with internal processes such as a disciplinary.
- Audit your practices with our Neuroinclusion Checklist and Diagnostic.
- Create a workplace culture where neurodivergent colleagues can truly thrive.
Read and Watch More 👇
For those employees law geeks out there wanting to read more:
- 📖 Read the full tribunal judgment: Ms S Burns v Gitpod GmbH (Employment Tribunal Judgment)
- 📰 Read the media coverage: The Guardian article
- 🎥 Watch our explainer video: [Insert Thrive TikTok/Instagram/LinkedIn link]
✅ If your business needs help navigating reasonable adjustments or building a neuroinclusive workplace, or want to explore our bespoke training options – get in touch with our team today by email on enquiries@thrivelaw.co.uk to arrange a call.
