The pose looks a bit too rigid for someone asleep. I'd rather the BBC apologised to avoid spending my licence money on a court action over this, right or wrong. Realpolitik, not scared of shadows.
They gleefully published their opportune snap with a message about uncaring tories, etc, etc. As you can imagine it went viral, with 'caring' lefties taking the ***. So though I'm not usually keen on apologies, I think it was deserved in this case.
I'm no apologist for any of the Tory party but I would be cross if anyone accused me of being asleep at work and would expect an apology if it proved not so