DP and Others

Case Summary

This Employment Appeal Tribunal judgment considers the proper interpretation of Section 56 of the Investigatory Powers Act 2016 in employment law proceedings. The case addresses whether open hearings can be held when claimants were employed in security-sensitive roles potentially involving lawfully intercepted communications, and how to balance principles of open justice against national security interests. The judgment applies a 'neither confirm nor deny' approach to the factual application of the IPA while deciding the point of principle in open judgment.

• •Proper construction and application of Section 56 Investigatory Powers Act 2016 in employment law context
• •Whether there can be an open hearing of a claim brought by a person employed in a role dealing with material obtained from lawful interception of communications
• •Balance between fair trial rights (Article 6) and national security interests
• •Compatibility of closed material procedures with Convention rights

Approved Judgment NCA v DP and others Page 1 EA-2024-000015-RN and others © EAT 2026 Neutral Citation Number: [2026] EAT 52 Case No: EA-2024-000015-RN and others EMPLOYMENT APPEAL TRIBUNAL Field House 15-25 Breams Buildings, London, EC4A 1DZ Date: 15 April 2026 Before: HIS HONOUR JUDGE JAMES TAYLER - - - - - - - - - - - - - - - - - - - - - Between : National Crime Agency Appellant/Respondent - and – DP and others Respondents/Cross Appellants/Appellant - - - - - - - - - - - - - - - - - - - - - Tom Kirk and Mark Green (instructed by Government Legal Department) for the NCA David Lemer, Special Advocate instructed by SASO Philip Rule KC (instructed by JFH Law) for DP and others Hearing date: 15 and 16 October 2025 - - - - - - - - - - - - - - - - - - - - - OPEN JUDGMENT Approved Judgment NCA v DP and others Page 2 EA-2024-000015-RN and others © EAT 2026 SUMMARY Practice and Procedure This judgment considers the proper construction and application of Section 56 Investigatory Powers Act 2016 in an employment law context. In particular, whether there can be an OPEN hearing of a claim brought by a person who was employed in a role where, for the sake of argument, it is assumed that the employee dealt with material obtained as a result of lawful interception of communications; that being neither accepted nor denied to be factually correct. Approved Judgment NCA v DP and others Page 3 EA-2024-000015-RN and others © EAT 2026 HIS HONOUR JUDGE JAMES TAYLER The issue 1. The issue determined in this judgment is the correct interpretation of Section 56 Investigatory Powers Act 2016 (“IPA”) in an employment law context. The issue arises in four appeals. In subsequent linked judgments I shall consider, after further oral and/or written submissions, the outcome in the individual appeals, including the extent to which reasons can be …