National Crime Agency v DP & Ors

National Crime Agency v DP & Ors

Section 56(1)(b) IPA, in the employment law context, must be interpreted to apply only to 'particular' interception-related conduct, not to all cases where an employee's role involved intercepted communications. This interpretation is necessary to avoid an impossible conflict with Article 6 ECHR and to preserve the Employment Tribunal's discretion to balance national security and fair trial rights. The CLOSED procedure is not mandatory in all such cases; the Tribunal must assess whether particular interception-related conduct is engaged and apply Section 56 IPA only where justified.

Parties
Appellant/respondent: National Crime Agency; Respondents/cross Appellants/appellant: DP and others
Jurisdiction
England and Wales
Judgment Date
15 April 2026
Procedural Posture
Employment Appeal / Judgment on Preliminary Legal Issue
Outcome
Appeal allowed in part; Section 56(1)(b) IPA interpreted restrictively
Legal Topics
Interpretation of Section 56 Investigatory Powers Act 2016, Closed and Open Hearings, National Security Exceptions, Article 6 ECHR Fair Trial Rights, Employment Tribunal Procedure
Employment Law National Security Law Human Rights Law Interpretation of Section 56 Investigatory Powers Act 2016 Closed and Open Hearings National Security Exceptions Article 6 ECHR Fair Trial Rights Employment Tribunal Procedure

Case Brief

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Parties

National Crime Agency

Appellant/respondent

DP and others

Respondents/cross Appellants/appellant

Procedural Posture

Employment Appeal / Judgment on Preliminary Legal Issue

Legal Issues

  1. 1 Proper construction and application of Section 56 Investigatory Powers Act 2016 in employment law context
  2. 2 Whether an OPEN hearing is possible for claims involving employees who dealt with material from lawful interception of communications
  3. 3 Compatibility of Section 56 IPA with Article 6 ECHR fair trial rights

Ratio Decidendi

Section 56(1)(b) IPA, in the employment law context, must be interpreted to apply only to 'particular' interception-related conduct, not to all cases where an employee's role involved intercepted communications. This interpretation is necessary to avoid an impossible conflict with Article 6 ECHR and to preserve the Employment Tribunal's discretion to balance national security and fair trial rights. The CLOSED procedure is not mandatory in all such cases; the Tribunal must assess whether particular interception-related conduct is engaged and apply Section 56 IPA only where justified.

Court Disposition

Appeal allowed in part; Section 56(1)(b) IPA interpreted restrictively

Orders

  • Parties to provide written submissions within 14 days on next steps for individual appeals, including disclosure of CLOSED material, need for further hearing, and necessary orders to protect national security.
  • Management of proceedings remitted to Employment Tribunal to apply Section 56 IPA as interpreted and to keep national security orders under review.