Agency worker wins sex claim

first_imgRelated posts:No related photos. A contract worker refused her post back after maternity leave successfullyclaims discrimination. plus cases on equal pay, constructive dismissal, injuryto feelings awards, sex discrimination, establishing dismissal, disciplinaryaction after lapse of contract, Tupe and race discriminationDiscrimination against contract worker Patefield v Belfast City Council IDS Brief 670, Court of Appeal Northern Ireland Patefield, an agency contract worker, was placed with the council, “theprincipal”, in 1995. In September 1997 she told the council she waspregnant and intended to work until March 1998. Because she was not itsemployee, the council refused to confirm that Patefield could return to her postafter maternity leave. The council then transferred a permanent employee toreplace her. Patefield was offered another position on less favourable termswhen her maternity leave ended. She brought a successful sex discrimination claim. The tribunal acceptedthat the council could have lawfully replaced Patefield with a permanentemployee at any time while she was working, but held that it had subjected herto a detriment by not allowing her back to her old job after taking maternityleave. A significant factor was that Patefield was the longest-serving memberof staff in her department by March 1998 and, but for becoming pregnant, shewould have remained in her post indefinitely. The council’s subsequent appealwas dismissed. When does time start to run? Young v National Power Unreported, November 2000, Court of Appeal Between 1991 and May 1995, Young worked in the audit department as a”value for money” (VFM) analyst. She was then seconded to anotherdepartment until her redundancy in October 1996. In April 1997, she brought anequal pay claim on the basis that her VFM work was of equal value to that ofcertain men working in the audit department. At a preliminary hearing, thetribunal struck out Young’s claim on the basis that it was out of time. As theEqual Pay Act provided that claims had to be brought within six months of thetermination of employment and Young’s employment as a VFM analyst had ended inMay 1995, the limitation period had expired in November 1995. Young successfully appealed to the EAT and National Power appealed to theCourt of Appeal. It held that the limitation period related to and ran from thetermination of the contract of employment rather than the actual job upon whichthe equal pay claim was based. No new contracts had been entered into in 1995when Young ended the VFM work. She had been engaged throughout on one contractonly. Delayed resignation did not prejudice claim Abbey National v Robinson Unreported November 2000 EAT Robinson made a formal complaint about her manager after being bullied byhim for about a year. He was subsequently disciplined and Robinson was told hewould be transferred to another role so she would not have to work with him. Ata meeting in August 1997 Abbey National indicated the manager would not betransferred after all and offered Robinson alternative employment which shedeclined. In July 1998 Robinson resigned and brought a successful constructivedismissal claim. The tribunal found that Robinson resigned because of thecumulative effect of Abbey National’s treatment and conduct in the monthsfollowing the August meeting. Abbey National unsuccessfully appealed arguingthe tribunal had misdirected itself by disregarding the fact the resignationtook place almost a year after the relevant breach of contract – the failure totransfer the manager in 1997. The EAT held the tribunal was correct to consider the entire period from thetime of the breach until the resignation. Further, a breakdown in trust andconfidence could be established by a course of conduct and not simply by asingle event. Two awards for injury to feelings appropriate Roselec v Cashmore and Anystaff Recruitment EOR Discrimination Digest 45 EAT Cashmore, an electrician, was registered with Anystaff but its client,Roselec, refused to interview her because it felt electrical work wasinappropriate for a woman. Cashmore brought successful sex discriminationclaims against both companies. The tribunal held there were two acts ofdiscrimination, one by Roselec when it refused to interview Cashmore andanother by Anystaff when it knowingly aided the commission of an unlawful actby Roselec. Further, the tribunal found that Anystaff had prevented Cashmorefrom finding out the real reason for being refused employment. The tribunal awarded £3,000 compensation for injury to feelings against bothRoselec and Anystaff. On appeal, the EAT rejected the argument that Cashmore had suffered injuryto feelings only once and that the £3,000 should be shared by the twocompanies. It held that even though the discrimination arose from a singleepisode there were different areas of injury: Roselec’s refusal to interviewCashmore injured her feelings as did the possibility that Cashmore’sopportunities of finding work through Anystaff were inhibited. Separate awardswere appropriate. Consensual termination or dismissal Cole v London Borough of Hackney IDS Brief 674 EAT Cole’s job ceased to exist following a reorganisation. Her options wereeither to take up a new position if there was a comparable job available (whichthere was not) or to apply for other vacant posts. She could also opt for aseverance package. Cole was told she was not likely to be successful at aninterview for a vacant post but the council omitted to inform her that she hadpriority rights in that regard. Believing any application for a vacant positionwould be unsuccessful, Cole asked to take voluntary redundancy and the councilagreed. Cole then complained to the tribunal that she had been unfairlyselected for redundancy and unfairly dismissed. The tribunal held there was nodismissal but a mutual termination of the contract. Cole successfully appealed to the EAT which held that but for the council’sdecision to reorganise, Cole would not have applied for the severance payment.There was no consensual termination, rather this was a dismissal by reason ofredundancy. Lapse of employment contract irrelevant Reddy v Isle of Wight Healthcare NHS Trust ex Parte Reddy Unreported, December 2000, High Court Reddy was employed as a locum consultant radiologist. After allegations ofsexual harassment were made against him he was asked to attend a formaldisciplinary hearing but his contract with the trust lapsed before that dateand Reddy refused to attend the hearing because the trust’s disciplinary policyapplied only to its employees during the course of their employment. Thehearing went ahead in Reddy’s absence and the allegations were upheld. Reddyunsuccessfully sought a judicial review of the decision. The court held that although the disciplinary sanctions could only beimposed during the contract, disciplinary proceedings could be invoked when thecontract had ceased to exist. In this case it was in the public interest thatthe disciplinary hearing be pursued. What constitutes a business transfer? Cheesman and others v R Brewer Contracts Unreported November 2000 EAT In 1998 Brewer took over the contract to maintain Teignbridge Council’srented properties from Onyx. Brewer did not take on any of the staff. Notangible or intangible assets passed directly from Onyx to Brewer and nonepassed indirectly via the council. Cheesman argued this was a Tupe transfer andclaimed unfair dismissal and redundancy pay. The tribunal held that there hadbeen no transfer. On appeal, the EAT held that the tribunal failed to take into account theexisting Tupe case law and the criteria laid down by the European Court ofJustice. It failed to look at things “in the round” and omitted toconsider relevant facts relating to the transaction. In particular, thetribunal failed to determine whether the undertaking had continued and retainedits identity following the transaction, the approach taken by the Court ofAppeal in 1999 in ECM v Cox. The matter was remitted back to the tribunal. Disciplinary investigation was discriminatory Virdi v The Commission of the Police of the Metropolis EOR Discrimination Digest No 45 Employment Tribunal Virdi, an Asian police officer, was suspected of sending racist hate mail toblack colleagues and himself. A white female officer, Bachelor, was alsosuspected and informally interviewed. Virdi however was covertly taped at ameeting unrelated to the incident in case he made any admissions. He was thenarrested, his house was searched by a specialist search team and he waseventually suspended. He brought a successful race discrimination claim. The tribunal found that Virdi had not sent the racist letters and takingBachelor as the comparator held that Virdi had been treated differently anddetrimentally; unlike Bachelor he was not interviewed informally; there was anattempt to entrap him in a taped interview; his house was searched; and he wasarrested and suspended from duty. Virdi was awarded a record £100,000 for injury to feelings, for”serious loss of reputation”, £25,000 aggravated damages and almost£25,000 interest. Note: Virdi was dismissed from the Metropolitan Police in March and hisunfair dismissal claim will be heard this year. Agency worker wins sex claimOn 1 Feb 2001 in Personnel Today Previous Article Next Article Comments are closed. last_img read more

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Can’t live without: Impatica for PowerPoint

first_imgWhat is it? A clever piece of software that allows you to compressand send fully featured PowerPoint files via e-mail or to websites, regardlessof whether the recipient has PowerPoint himself. Normally you can’t guaranteethe person receiving the file will have it, so all your hard graft may bewasted. If you’re sending a Powerpoint presentation for delivery across theinternet, the files are generally too big. You’ll end up scaling thepresentation down, perhaps sacrificing several whizzy features and losingimpact. An Impatica file is typically 95 per cent smaller than a regular Power-pointHTML file. It was developed by boffins at US company Impatica. As long as therecipient has a Java-enabled system, the file can be opened and run exactly ascreated. Do I really need one? If you make lots of PowerPoint presentations tosend via e-mail or for intranet and internet delivery, this could be for you. There are also major potential applications for e-learning content. You maysimply think of PowerPoint as a presentation tool, but its ability to incorporatetext, graphics, animations and narration make it appropriate for generatinge-learning material. Siebel Systems in the US recently bought an enterprise license of allImpatica products to produce online courses for around 30,000 customers,channel partners and employees. Impatica also makes a product that does thesame for the multimedia authoring tool Macromedia Director, and it is buildinga big user base in the US among the education sector and corporates. Price: £400, with volume discounts Contact:Impatica’s website has ademo of how it all works www.impatica.com Can’t live without: Impatica for PowerPointOn 25 Jun 2002 in Personnel Today Comments are closed. Previous Article Next Article Related posts:No related photos.last_img read more

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CRB backlog causes a recruitment crisis

first_img Previous Article Next Article Comments are closed. The rush to vet new teachers and charity workers has put the troubledCriminal Records Bureau under pressure and created further problems for charityand public sector employees. Mike Broad reportsWith teachers having returned to the classroom for the new school year, thecrisis over the delays in checking their criminal records has receded from theheadlines. The Government’s u-turn in September allowed teachers waiting for clearanceto work at the discretion of their head teachers and diverted the media’s gazefrom the Criminal Records Bureau’s (CRB) failure to complete 22,000 checks onschool staff in time for the new term. But the crisis has not ended. Many employers in the public and voluntarysectors are suffering severe recruitment difficulties because of the delays inprocessing disclosures. The latest figures show a backlog of 198,000unprocessed checks, of which half are over three weeks old. Before employers can appoint staff to work unsupervised with children orvulnerable adults, they need an enhanced CRB check, but the long delays meanthat few employers can afford to wait for clearance. Many employers are concerned that the resulting recruitment difficulties arestarting to damage the provision of services. President of the Association of Healthcare Human Resource Management TracyMyhill, said some members were reporting delays of between 12 weeks and sixmonths for the CRB to complete checks on new staff. “This has led to delays in appointments at a time when we cannot affordthem,” she says. NHS hospitals in London, for example, are losing nursing staff at a rate ofup to 38 per cent a year, according to new research by the King’s Fund thinktank. The delays are also damaging moves to improve the recruitment of social workersfollowing the inquiry into the death of Victoria Climbie. David Wright, of the Association of Directors of Social Services (ADSS),said: “Every local authority has suffered delays, but its effect depends ontheir rate of staff turnover in social services. “For those with highervacancy rates, it is increasing the pressure on service delivery, andrepresents a real risk-management problem.” A recent report by the ADSS, which has members in 150 local authorities,says there is an urgent need to improve the recruitment and training of socialworkers to prevent further tragedies. Leonard Cheshire, a care services provider for the disabled which employs7,500 staff, is currently losing a quarter of its new recruits becauseprocessing delays are forcing people to seek alternative jobs. Clare Smith, HR director of the charity, said: “We have sent 800applications to the CRB since April and received 200 back. It is causingserious recruitment problems.” The Government’s guidance to employers in these sectors has been that theycan employ people still awaiting checks, as long as they are continuallysupervised. But most of the charities and public sector bodies concerned cannotafford to pay staff to work in pairs, claims Valerie Smith, independent sectoradviser of the Royal College of Nursing. “Care homes are already struggling to survive on the rates paid forpublicly funded residents, and are failing to meet their overheads,” shesaid. “If you add the supervisory requirement, you need more staff at a timewhen they are difficult to find. Homes will close because of these financialburdens.” In the wake of the Soham tragedy ministerial demands for teachers’applications first to be processed by the CRB provoked fears of further delaysfor health and social care staff. “The biggest reason for the current delays is that priority is beinggiven to teachers. I doubt whether anybody else is being processed – we are onhold,” says Leonard Cheshire’s Smith. It means that most organisations dealing with children and vulnerable adultsare relying on their own risk assessment procedures when appointing staff. Principal manager of children’s charity Barnardos, Bob Cook, said employersmust strike a balance between keeping services running and ensuring the safetyof beneficiaries. “We are only recruiting where there is an absolute need for the serviceto continue, and when we bring someone in there has to be a reasonable degreeof safety and compliance,” he said. Barnardos is using a range of internal safety measures in addition to theCRB disclosures, ranging from CV checks to supervision, inspections andwhistle-blowing procedures. But in the short-term, striking this ‘balance’ hasimplications for the scope of their service provision. “If we are running a project for vulnerable teenagers who have beeninvolved in crime, but cannot appoint appropriate members of staff, then wecannot provide the service. Without it, those teenagers might go back to doingwhat got them into trouble in the first place,” said Cook. The CRB crisis is not only damaging the recruitment of paid staff in thecharity sector – volunteers are also being affected. Furthermore, the umbrellabodies registered to process the checks for volunteers are charging between £6and £15 for the privilege, despite Government assurances they would be free. Director of public policy of the National Council for VoluntaryOrganisations Campbell Robb, said: “There is a very real danger ofvolunteers being deterred by a poorly-run CRB.” The Home Office claims the appointment of 100 additional staff at the CRBhas improved its performance. “Ministers have acknowledged initial teething problems owing tointroducing such a large scale and highly complex process,” said a HomeOffice spokesman. “They have ensured both the CRB and Capita areaddressing these difficulties through a detailed service improvementplan.” But many believe the problem could become worse on 1 April 2003, when allexisting staff working with children or vulnerable adults are due to be vettedby the CRB. Of the 458,000 applications received by the CRB since it opened in April2002, 260,000 disclosures were issued by the end of August. When all staff haveto be checked, the CRB will receive up to a million applications from the caresector, warned Leonard Cheshire’s Smith. With service delivery expectations increasing and skills shortages nowaffecting certain areas of the public and voluntary sectors, the CRB crisiswill continue to hinder effective recruitment. As Harry Fletcher, assistant general secretary of the National Associationof Probation Officers, said: “The old system could take as little as acouple of hours to check new recruits. It begs the question: why have we set upthis bureaucracy?” The CRB story– The Criminal Records Bureau openedfor business in April 2002. It has replaced the police in providing criminalrecords checks on people working with children or vulnerable adults– It offers three types of disclosure: basic, standard andenhanced. It is the latter, which provides conviction details and policeintelligence on suspected criminal activity, that has been subject to longdelays – The CRB is run by a private company, Capita, which charges£12 for each check. Initially, Capita promised to respond to 90 per cent ofenhanced applications within three weeks– Eventually, the CRB will offer all employers the opportunityto check potential staff, but the date for this has been postponed. From 1April 2003, all existing staff working with children or vulnerable adults willneed to be vetted CRB backlog causes a recruitment crisisOn 1 Oct 2002 in Personnel Today Related posts:No related photos.last_img read more

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Audits are best way to close the pay gap

first_img Comments are closed. Rebekah Wade’s decision to stick with the daily Page 3 ‘boob fest’ hasdetracted from her success at becoming editor of The Sun. As the first femaleeditor, she has broken through a significant glass ceiling. For those seeking sex equality, however, there is depressing news – thegender pay gap got wider last year, with the earnings of full-time womenworkers (£10.22 per hour) now trailing those of men (£12.59) by 18.8 per cent. Direct pay discrimination, where an employer pays a woman less than a man inthe same job even though she is as effective a worker, is not the major causeof the gap. Three-quarters of the gap is explained by differences in patternsof employment between men and women – although this does reflect unequalopportunities. Women’s employment is highly concentrated by occupation – almost two-thirdsof women work in 10 service-related occupations, mostly performing admin,secretarial or caring roles – and such ‘women’s jobs’ tend to be poorly paid.Women’s role as the primary carer in most households limits their choice ofoccupation, lifetime work experience, and/or their ability to commute to wherethe best jobs are. Society, in turn, tends to undervalue ‘feminised’occupations relative to those that men dominate – and because of limitedopportunity, women crowd into these occupations, depressing pay rates stillfurther. Moreover, in all occupations, job grading and appraisal systems have beenfound to undervalue women’s contribution. Indeed, the pay gap widened last yearprecisely because women received lower bonus payments than men. The good news is that underlying labour market developments seem to beshifting in women’s favour. During the past 20 years women’s share of total UKemployment has grown from 40 to 45 per cent, while the proportion of womenwithout formal skills has shrunk from 45 to 17 per cent, gradually opening upthe range of jobs from which women can choose. The proportion of femalemanagers has also grown considerably during the past decade from fewer than onein 10 to more than a third, according to Chartered Management Institutefigures. Yet despite this, the need for further encroachment by women into thehigh-paid bastions of UK industry is pressing if the gender pay gap is tonarrow significantly. Women still make up only 7 per cent of all boarddirectors of FTSE 100 companies and are not in enough senior positions tochallenge indirect or unconscious pay discrimination. CIPD surveys indicate that few organisations have taken action to rectifydifferences in male and female earnings and fewer than half carry out payaudits. This undermines the ability of organisations – and society as a whole –to realise the potential of all in the workforce and enable women to find theirrightful place in the sun. By John Philpott, Chief economist, CIPD Audits are best way to close the pay gapOn 4 Feb 2003 in Personnel Today Related posts:No related photos. Previous Article Next Articlelast_img read more

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Cabin crews condemn ‘ageist’ BA

first_imgCabin crews condemn ‘ageist’ BAOn 22 Jul 2003 in Personnel Today Previous Article Next Article Related posts:No related photos. British Airways (BA) has been labelled ageist by cabin staff forced toretire after reaching the age of 55. Deanna-Maria Williams (pictured left) is challenging the airline’s policy,along with 300 former cabin crew colleagues in test cases before an employmenttribunal. Williams protested outside BA’s annual shareholders’ meeting in London lastweek and demanded that stewardesses be allowed to work to 60 or 65. The airline has said it would consider extending the retirement age limitwhen legislation outlawing age discrimination comes into force in 2006. At the same meeting, a BA director angered cabin crew by implying a rise inabsenteeism in summer was down to skiving. Operations director Mike Street said BA was encouraging staff to move topart-time contracts as part of a cost-cutting scheme, but that part-timerstended to “take that extra day”. Comments are closed. last_img read more

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Townhouses dominated Brooklyn luxury contracts — again

first_img Message* 330 Sackett Street and 72 Hicks Street (Compass, iStock)A Carroll Gardens townhouse asking $6.5 million was the largest luxury contract inked in Brooklyn last week.It was one of 23 luxury contracts signed last week, according to Compass’ report on deals for homes asking $2 million or more. Once again, townhouses dominated, with 14 contracts signed for larger homes and nine for condo units. The total sales volume was $68.5 million.The week before had similar numbers, with 24 contracts signed for a total sales volume of $69.5 million.The median sales price for all contracts was $2.5 million. The average listing discount from first to final ask was 4 percent, and the average number of days on market was 216.Read moreManhattan Beach townhouse tops Brooklyn’s luxury marketFinancier lists Brooklyn Heights townhouse for $18MVince Viola’s $25.5M mansion sale breaks Brooklyn record Email Address* Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink Share via Shortlink Full Name* The most expensive contract was for a 20-foot wide home at 330 Sackett Street in Carroll Gardens. The four-bedroom townhouse spans 4,260 square feet with a private garage, a basement rec room, a rear garden and rooftop terrace.The second priciest deal was for 1820s Brooklyn Heights townhouse at 72 Hicks Street, last asking $5.75 million. The six-bedroom home is 25 feet wide and covers 3,400 square feet with a media room, two wood-burning fireplaces, two kitchens and a landscaped garden outfitted with a pond and cherry blossom tree.Brooklyn Heights recently celebrated a huge milestone for the borough’s residential real estate market, with billionaire Vincent Viola selling his sprawling townhouse at 8 Montague Terrace for $25.5 million. That made it the most expensive home sold not just in the neighborhood, but in the entire borough.Contact the author Tags brooklynLuxury Real EstateResidential Real Estatetownhouse marketlast_img read more

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Soil types and nutrients on Signy Island

first_imgAlthough all the soils on Signy Island are at an early stage of development a number of contrasting types are present. In this report the influence of the various internal and external soil-forming factors described by Jenny (1941) and others on the chemistry of the Island’s soils are considered.last_img

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Oxygen consumption of some Antarctic and British gastropods: An evaluation of cold adaptation

first_img1. The oxygen consumption of four species of inshore gastropods from Signy Island, Antarctica was measured at −1.7 and +0.5°C in seawater. The limpet Nacella concinna (Strebel) showed a decrease in oxygen consumption with settlement in the respirometers, but a Trophon species showed no such settlement response over 24 hr.2. The oxygen consumption of the Antarctic gastropods is higher than that of some temperate intertidal species both acutely exposed to 0dgC and kept at that temperature for 11 days.3. However, the oxygen consumption of Antarctic species fall on a line relating oxygen consumption and temperature for some temperate gastropods when the measurements were made at their normal environmental temperatures.last_img

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Low temperature adaptations in beetles from the Sub-Antarctic Island of South Georgia

first_imgAdaptations to the Sub-Antarctic climate of South Georgia were studied in four species of Coleoptera. in larvae and adults of Hydromedion sparsutum and Perimylops antarcticus (Perimylopidae) collected during summer, the ability to supercool was increased by low temperature acclimation, and more in specimens from high than from low elevations. Both adults and larvae were killed by freezing at temperatures below-5 to-8°C. Supercooling ability of adult Oopterus soledadinus (Carabidae) also increased slightly with acclimation, while no effect was observed in Halmaeusa atriceps (Staphylinidae). Both species were freezing-intolerant. Potential cryoprotectants present in the beetles were trehalose, glycerol, myoinositol and glucose. The maximum concentrations of individual sugars and polyols ranged from 4–20 μg mg-1 live weight, and were not increased by low temperature acclimation in the laboratory. The life cycles of H. sparsutum and P. antarcticus appear to extend for two or more years. Their adaptations also include brachyptery and the utilisation of mosses for food. None of the species survived anoxia for extended periods.last_img read more

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The environmental tolerances and behavioural ecology of the sub-Antarctic beach-hopper “Orchestia” scutigerula Dana (Crustacea: Amphipoda) from Husvik, South Georgia

first_img“Orchestia” scutigerula Dana (Amphipoda: Talitridae) was found beneath supralittoral stones at Kanin Point, S. Georgia. Microhabitat temperatures recorded over 6 summer weeks varied widely (hourly, diurnally, weekly), especially under stones highest upshore. In air, “O.” scutigerula tolerated temperatures between −2 and 19 °C. Temperatures between 19 and 28 °C were survivable only in fully saturated air. In water, a temperature of 19 °C was tolerated for 6 h. The locomotory behaviour (walking) of amphipods for 3 h underwater was the same in distilled water as seawater. After 6 h in distilled water, amphipods exhibited distress, and after 7 h most were incapable of walking. “O.” scutigerula is a strong hyper/hypo-osmoregulator during short-term exposure to a wide range of salinities. All individuals tested survived any combination of salinity and temperature between 5 and 34‰ and 2 and 12 °C. Amphipods chose, (a) shaded conditions both in air or in water, (b) moist to dry gravel, and (c) moist gravel to moist sand. They did not burrow into moist sand, even though markedly thigmokinetic. In uniform, featureless containers amphipods were quiescent during the day, clumping together. At night such clumps dispersed and exploratory activity increased. Swimming was never observed, and when out of water these talitrids hopped rarely. Tussock grass and macroalgal debris dominated their gut contents in situ, with terrestrial plant debris increasing in prominence in amphipods from higher upshore. Feeding trials revealed high consumption of rotting tussock grass debris and green algae (Ulothrix, Ulva). Soft materials were consumed preferentially. Rate of passage of food through the gut was very variable, both within and between individuals. Underwater, “O.” scutigerula fed at half the rate in air. Food preferences of individuals sometimes switched between equally available foods over time. Fecundity is linearly related to female body length. Eggs more than double in volume during development.last_img read more

Start reading The environmental tolerances and behavioural ecology of the sub-Antarctic beach-hopper “Orchestia” scutigerula Dana (Crustacea: Amphipoda) from Husvik, South Georgia