Jurisdiction(s):
United Kingdom

Key definition

Performance definition

What does Performance mean? In copyright practice, performance means the live rendition of a literary, dramatic or musical work to an audience; doing so “in public” is a restricted act that normally requires the copyright owner’s permission/licence. This is set out in section 19 of the Copyright, Designs and Patents Act 1988 (UK) and the Copyright and Related Rights Act 2000 (Ireland). Whether an act is “in public” is determined by context and case law; private or domestic use is excluded. For films and sound recordings, the analogous restricted act is showing or playing in public; online streaming is generally treated as communication or...

Practitioners’ guide to capability dismissals for poor performance: Acas-compliant procedure, evidence, warnings, alternatives and appeals

Published by a LexisNexis Employment expert

Practice notes

This Practice Note explores the steps an employer should take to handle the fair dismissal of an employee on performance grounds and to reduce the risk of an unfair dismissal finding. Employees with adequate length of service and who otherwise satisfy the qualifying conditions have statutory protection from unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal). To prevent a determination of unfair dismissal, employers must have a fair reason to dismiss. capability or performance is one of the potentially fair reasons for termination (see Practice Note: Reason for dismissal—general—Potentially fair reasons). Nevertheless, to dismiss an employee fairly for performance, the employer must also follow a fair process that provides the employee with sufficient opportunity to improve. Ultimately, it must be demonstrated that dismissal is a fair sanction to apply.

Performance management

For information on the purposes of performance management, the effect of bonuses and incentive schemes, how to monitor performance, performance procedures, and tackling poor performance, see Practice Note: Managing performance. Those advising in this sphere will also find it useful to refer to:

the Acas Code of Practice
the (non-statutory) Acas guide to discipline and

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Web page updated on 28/05/2026

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