A CARE assistant, who was sacked after being photographed allegedly sleeping at work while looking after old people at night, has won his fight for breach of contract.

But the Birmingham Employment Tribunal decided against awarding damages to Paul Middleton, of Tagwell Road, Droitwich, who claimed he was lying down practising his yoga and not sleeping.

Mr Middleton claimed compensation for breach of contract against Safe Harbour Care Homes off Worcester Road, Droitwich. He said he had been wrongfully dismissed last June for gross misconduct.

The care worker had been at the residential home for 10 months. The tribunal was told that a complaint was made to the management that Mr Middleton had been seen allegedly sleeping while looking after five or six old people at the home during his 10pm to 9am shift.

The management told one of the employees to keep a watch on Mr Middleton and when he was seen allegedly sleeping again a night later the employee photographed him.

The 61-year-old was later involved in a dispute over medication and suspended.

Mr Middleton said: "I was not sleeping on the job - I was involved in meditation as part of my yoga. I have been interested in yoga for some time. I had grievances against the management but these were never discussed. I was sacked while on sick leave."

Satnam Choongh opposed Mr Middleton's claim for breach of contract after telling the tribunal Mr Middleton had twice been caught sleeping while at work.

Tribunal chairman Pam Hughes said, however, that the tribunal panel believed there had been a breach of contract.

"This was because a disciplinary hearing was arranged by the management to discuss Mr Middleton's situation but he did not attend because he had to attend hospital," said Mrs Hughes.

"The employers should have waited until Mr Middleton was available."

Mr Middleton said later he now has a part time job as a projects manager.