Annual leave miscalculated for 30 years

A question about : Annual leave miscalculated for 30 years

Hi
I recently looked at going part-time and found (not surprisingly) that Annual Leave would be calculated pro-rata according to my hours. However at the moment I work 43 hours (compared to the organisational norm of 37) and discovered that my current 33 days A/L is the same as everyone who is on 37 hours whereas it should also be worked out pro-rata (c.38 days). This figure has now been confirmed in writing.
OK so I can take my extra days while I am still full-time but my point is I have worked for the organisation for 30 years and this has never been raised. I contacted a handful of colleagues on the same grade & terms as me, none of them have ever had an enhanced leave allowance either.
I work for a NDPB (Government Agency). Is there a claim for backdated Leave and if so how far back could it go?

Best answers:

• I don't think so. Most employers don't allow you to carry leave over to the following year unless leave was cancelled in the last six weeks (AFAIK) or there are exceptional reasons.
  You could try saying that there are exceptional reasons but I can't see them letting you have 150 days off!
• Thanks. I thought it was too good to be true and it probably is. I might just take the extra few days while I can.
  However I don't see that I've lost any entitlement by exceeding the limits for carry over of leave as I didn't know I had it.
• As the PP says, unless your contract explicitly says that you are entitled to pro rata'd leave over an above the basic you are not. If your employer has now said that you are, then that may form part of your contract for the future, and if the written confirmation explicitly states that you should have received this in the past they you can as whether they will let you carry forward (say) the past year or 2 years worth of das, but otherwise, enjoy your extra holiday from now on!
• The statutory is 5.6 weeks which converts to 28 days fo worlers that do 5 or more days a week.
  if you were paid for your 33days at your 42hr rate then you have had the correct holiday pay.
  IF they are paying at the 37hr rate ther might be a case for higher pay for the days but not more days.