The Employment Claims Tribunals found that the employer failed to substantiate its performance assessment or follow its own probation process. "The company's own probation process required supervisors to explain competency standards early, and to hold periodic documented reviews, but none of these happened," he said. Although the employer's probation process required supervisors to explain what each competency meant within the employee's first week and conduct regular documented reviews throughout probation, the reporting supervisor admitted she had done neither. It also found that the employer had failed to substantiate the ratings it assigned during the claimant's probation review. It also observed that an employer who has not clearly communicated its performance standards cannot later rely on an employee's failure to meet those standards as evidence of unsuitability.