Miscarriage at work & fired

[Nov191919]

Is architecture just for the pale, male and childless and should I jettison 15 years of experience? I was recently employed as an associate by a large architecture firm. I had just had a 3 month performance review which went well(not amazing but well with quotes like "the client is happy so we are happy"). I'm good at business development and my previous clients had approached me for $100million jobs in 2020. I was struggling with the hours with 2 kids under 5. My contract was for 30 hours and I was averaging 40. I got pregnant with number 3 and sadly miscarried at 10weeks. I had been in work since 7am, dodged out to scan at 5. I emailed my boss (stupidly I think I was in shock and thought she might as a woman understand) and had to finish more work that evening which I emailed out at 9.30pm. I struggled through the week (because I had a deadline and no resources made available) to a d&c on Thursday. During this time my boss made no attempt to talk to me, despite my approaches. Received a meeting invite on Thursday just before surgery for the following Monday (I don't work fridays). Monday morning I told that the work I did the previous week wasn't up to standard, particularly the work after my scan and that Friday was my last day. I am completely devastated and feel worthless. If I want to continue in the industry I should just harden up which isn't really me or do little alterations. Any female architects or people In the industry out there with advice?

are you in the UK?

Sadly no- Australia, a country probably 20years behind everywhere else

Bloody hell they're awful. I'm so sorry for everything you have been through

I’m sorry for your loss
That sounds really shitty but as this is a mostly UK site you might not get any relevant legal help here unfortunately if that’s what you were hoping for.

Hi, not really legal help, more around the industry of architecture and its general shitness to parents especially mums. As an FYI I am English and am registered in uk

I wouldn't chuck a 15y career. I would look into disciplinary processes and rules around how easily they can let people go, though with only a few months there, you might not have much on your side. I have no idea what pregnancy or maternity protection there is in Australia, either. Did they know you were pregnant or miscarried? Is there an equivalent of ACAS there?

I would assume that most male dominated sectors will have websites and groups for "women in..." these days. There are certainly loads for women in tech. So I would have a look for those and ask people more in the know.

Take care of yourself - you've been through a tough time.

I am so sorry to read and read what you have just gone through. Without knowing if you were permanent, have long service etc it's hard to see if you could claim unfair dismissal - ie can you really be fired for one weeks poor performance in Australia? Ie in the uk for permanent jobs you really need gross misconduct to be fired.

I could guess and say it's an excuse - so seeing that you were pregnant with number 3 they made a decision to fire you as it became clear you want to have another child and therefore a maternity leave is coming up. But I think this is very hard for you to prove and as we all know in our industries it's a small world. Which is a terrible reason for not being able to get what is fair.

Also which is terrible to consider now - you worked when you were sick and then this happened. I too had a miscarriage in the summer but went sick immediately until after my d and c as there was no way I could cope.

So back to reality - their are two things you want now from the employer - the right notice period paid and the right reference to go look for other work. Maybe have a conversation with a lawyer to see what you can do to protect your reference?

Sounds like unfair dismissal.

Hello Nov19,

I am so sorry to hear about your loss

The employment laws do appear to be slightly different in Australia, I have included some links below which you may find useful, it looks like if you have six months in your job you can apply for unfair dismissal within 21 days of leaving your job, this is different to England and I am not sure what you could get but in England you claim some money back from the Employer if you can show they fired you unreasonably, in England if you have evidence that they fired you because of your miscarriage then that would be discrimination and the money you could claim would be much higher, depending on what evidence you have, you could consider seeing an Employment Lawyer for further advice. Take care xx

www.fairwork.gov.au/ending-employment/unfair-dismissal

www.fairwork.gov.au/leave/maternity-and-parental-leave/pregnant-employee-entitlements

raisingchildren.net.au/pregnancy/preparing-for-a-baby/work/pregnancy-work-rights

To make a claim for Discrimination there is no minimum time of employment, you are protected even when going through the recruitment process, for example:

www.fairwork.gov.au/employee-entitlements/protections-at-work/protection-from-discrimination-at-work

It does look like you may have a point about the general working conditions based on this recent article, although I am not an Architect my profession have been known to treat their colleagues in not too dissimilar ways

www.theguardian.com/artanddesign/2019/oct/30/architects-form-trade-union-uvw-saw

Thanks for all your comments. I think beyond actually going for fairwork procedures (which I probably will). I feel like I really want to publicise the general treatment of parents, particularly mums, in large architecture firms. And also publicise the fee gouging and unethical approach to clients that happens. I was encouraged to attribute more hours to a job than actually completed, to and I quote "cook the books" on an hourly rate job. When new projects came on board, we were encouraged to get variations at any cost in order to make up for the shortfall in quoted fee, which was the reason for winning the work in the first place. The reason these firms can operate is to go low on fees, ride their staff until they drop for unpaid overtime and fleece their client. I'm upset but now I'm getting really angry at essentially white collar slavery

I have family in architecture. One of my DC said Chinese and Indian firms in Australia tend to be more family orientated when it comes to pregnancy because more women go into the profession from these countries, and these companies tend to be eager to retain them. You could see if there are any local opportunities or perhaps any in HK if you are in a position to leave?

Sorry for your loss, mate. What a shit week you had.

When you have the head space to look for new opportunities, consider universities. Despite the doom and gloom about international student numbers, Aussie unis still seem to have more $$ than other industries. And that means they still may have major works programs for fancy new buildings. You'd be a real asset to any facility/estate group with a campus master plan. Best bit is, they pay much better than firms (which isn't hard, let's be honest, no one is an architect for the pay).

Look after yourself.

Thanks everyone, feel so depressed about it all and it's such a small industry that word gets round very quickly. Definitely going to have to take a break until the new year.