
An executive with ADHD who was sacked after spending the night sleeping in a sauna when she lost her room keys during a team-building event has won a disability discrimination case.
Shannon Burns had been drinking and her bosses told her that confidence in her had been eroded and she needed to set an example.
But she won her case after arguing the software company she worked for had not done enough to help her perform well taking into account her attention deficit hyperactivity disorder.
She is in line for compensation after the tribunal accepted that while she had been drinking before going to sleep in the sauna, her ADHD contributed to her lack of organisation and the loss of her keys.
The tribunal in Birmingham heard that Burns previously worked in Silicon Valley and was a member of organisations that help women into the tech industry. But her ADHD meant she was forgetful and often lost her phone and keys.
She was recruited by the company Gitpod as a vice-president of engineering on a salary of £220,000 with £78,000 bonus per annum.
Shortly after arriving, Burns asked Gitpod for a coach to help her with ADHD as she was feeling “deeply overwhelmed” at her workload but was not referred to occupational therapy, the tribunal heard.
She attended a Gitpod off-site team building event in Austria and on the final night, was said to be “slurring her words” after drinking alcohol, the tribunal heard.
Burns went back to her room and found it was locked and she had no key. There was no receptionist on duty and her roommate had fallen asleep and was not answering her phone.
Eventually Burns gave up and went to sleep in the sauna. She later received a message from a senior executive saying she had to stay in control and was given a deadline for improvement but was dismissed two months after the sauna incident.
The tribunal said her employer should have done more to investigate and assess her ADHD. On the reasons for her spending the night in the sauna, the tribunal concluded: “This was likely in part to be as a result of the combination of her alcohol consumption and her forgetfulness, which is a something arising from her ADHD.”
A hearing will be set to decide on the amount of compensation Burns will receive.
