Kantar UK Ltd

Case Summary

The claimant applied for reconsideration of a judgment dismissing his claim following an Acas settlement in February 2020, claiming he lacked capacity at the time. The tribunal refused the reconsideration application on the basis that there was no reasonable prospect of the original decision being varied or revoked, noting that once a claim is withdrawn it cannot be reinstated, and the medical evidence did not support the claim of incapacity in February 2020.

The tribunal refused the reconsideration application because: (1) under the Tribunal Rules of 2013, a withdrawn claim cannot be revived or reinstated; (2) even if the settlement were invalid, the claim could not be revived; and (3) the medical evidence did not support that the claimant lacked capacity in February 2020, as it only indicated mental health issues from October 2021 onwards.

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• •Whether reconsideration application should be granted based on alleged lack of capacity at time of settlement
• •Whether claim could be revived after withdrawal
• •Whether sufficient evidence of incapacity provided

The full source document is available from the official publication page.