A LEGAL battle is looming in a bid to smash a three-month deadlock and win payments for staff at Cadbury’s Bournville factory who willingly gave up their New Year Bank Holiday to work.

Unite the union has instructed solicitors to investigate a claim for payments for Bank Holiday working for hundreds of employees for Monday January 3 after long-running talks with management failed to resolve the dispute.

A row blew up just before Christmas when workers accused Cadbury’s US owners Kraft of refusing to recognise the New Year Bank Holiday.

The row centred on the firm’s apparent decision to withdraw agreed bonus payments for staff scheduled to work on January 3 as the factory resumed production following the Christmas break.

Workers said Bank Holidays have traditionally always warranted double-time payments – and accused Kraft of refusing to abide by the long-established agreement for January 3.

Unite regional industrial organiser Joe Clarke said: “We have been through the process and I have been in to two meetings to try to resolve this outstanding Bank Holiday payments issue.’’

He added it was ‘‘still early days’’ before lodging any employment tribunal claim.

He said: ‘‘Hopefully, we will try and get it resolved and they will see sense.”

Nobody was immediately available to comment for Cadbury, but back in December, a spokesman denied that there had been any change to the firm’s “long-standing agreement” on Bank Holiday payments.