Resignation query

[MrsEdCullen]

I have just resigned from my job after 10 months of maternity leave. I was under the impression that as with any other resignation I have tendered that I would be entitled to holiday pay for accrued unused holiday. My employers have said that Holiday accrued can only be taken following the end of maternity leave but in your case we have no alternative but to deduct that little holiday accrued from the statutory week's notice that was only deemed to have been given.
I don't understand this and would be grateful for any help.
Thank you!

Yes you are entitled to pay for holiday accrued and not taken. I don't understand your employer's comments either

They could require you to take it during a notice period if you were not on mat leave, but otherwise they need to pay you for it.

Do you have a HR dept? Sounds dodgy to me.

Our hr dept is one woman who does the accounts and everything :/ my maternity leave began on 13 th feb 2011 so does not until February. I have given them plenty of notice not a week as they are stating. Should I go back to them and ask for an explanation?? Thanks for your help :)

This is the full e-mail sent to me if it makes anything more clear!

Thank you for your email dated the 19 December 2011 notifying us of your non intention to return to work and of your resignation.

As regards any outstandings, you are of course aware that maternity pay has come to an end, as per my communication to you, but unfortunately there is no holiday due to you. Holiday accrued can only be taken following the end of maternity leave but in your case we have no alternative but to deduct that little holiday accrued from the statutory week's notice that was only deemed to have been given.

We are sorry that you will not be with us again and sincerely thank you for your valuable contribution in the time you were here and wish youall the very best for the future.

I don't still actually understand what she's on about but it's clear she doesn't know what she's talking about anyway.

Write back to her saying as you are sure she is aware, you are entitled to accrue contractual holiday as normal throughout your whole maternity leave, which means (assuming you've given notice to finish at the end of your 12 months) that you will have accrued 28 days (or whatever you get) during the 12 months you will have been on mat leave. Say you took x days on x dates (assuming you did), meaning you have x outstanding owing to you. Say that the fact that you have opted not to return after maternity leave (and have given x weeks notice of that decision) does not entitle them to withhold holiday entitlement owed to you.

Hi again they have now decided that they do in fact have to pay my holiday but the calculation was wrong so I sent them the government business link website where it shows how to calculate it out correctly. They have now come back to me with

The confusion I have is that we have no contract with you, Mark did not send over your GRM contract when the merger took please, in December 2009.
It was Mark who stated you worked 7½hrs a month doing UKAS……He did not state your holiday entitlement or payment for being sick, he also stated

that you had worked for GRM for years , but after finding your P45 from Leatherhead Food you didn’t come to work for GRM until January 2008,
and I know that when we merged the new company takes over “Terms and Condition of Employment” but we didn’t have yours to transfer. If you have
a copy you can send over that would be great.

Mark was my boss before they sacked him in December 2010. I don't know why they want this info. Just wondering how best to reply. Thankyou!!