A union leader is urging bosses of a closure-threatened biscuit factory in Wirral to get around the  table and talk if they want to avoid legal action.

At the weekend, Tony Woodley, a national officer with the Unite union, claimed Burton’s Foods was reneging on a 2007 agreement to keep the Moreton plant open until 2012.

Burton’s wants to close the facility, which employs 342 people, and has begun a 90-day consulation process.

Mr Woodley insists the 2007 agreement is legally binding and says the union will take the company to court if the closure goes ahead.

He said that the factory was producing profitable product lines and if volume was increased keeping it open would remain viable. Unite wants to sit down with Burton’s bosses and outline its alternative plan.

Mr Woodley added: “We would like to speak to them but trying to do that is like pulling teeth. We are still hopeful that our local Unite representatives can have a sensible discussion with the company.”

Burton’s acknowledged the agreement but said it was “subject to significant business  change”.

Spokesman James Horseman said: “Since the summer of 2007 there has been significant change – the worse economic crisis since the Second World War, falling consumer demand and soaring raw material costs.”

He added it was “bizarre” for Tony Woodley to claim Burton’s was reluctant to discuss the future of the plant with Unite.

“Ever since the consultation period kicked off we have been talking to Unite,” he said.

“We have been extremely transparent and have provide them with a very detailed level of data. We are anticipating the submission of their plan and will give it our full consideration.”

The factory has been in Moreton since 1953 and once employed more than 3,000 people. The company said it aims to invest £7m in its Edinburgh and Llantarnam sites.

Mr Woodley said: “They either honour the agreement and have the decency to listen to our viable alternative or  we are going to take them for every penny.”