Fake sickness claimants spared jail – but could be sued in Turkey

Two fake sickness claimants have been given suspended 26-week jail sentences at Derbyshire County Court.

Leon Roberts and Jade Muzoka, both from Derby, falsely claimed they had fallen ill while on a TUI holiday in Turkey – but they were rumbled by social media photos showing them eating, drinking and having fun at the time they were supposed to be poorly.

After being found out, the pair discontinued their claim but TUI decided to go ahead with the prosecution.

At a previous court hearing last month, when the pair pleaded guilty to fraud, South Derbyshire Magistrates’ Court was told the scam could have cost TUI £50,000 if it had not been thwarted.

The case was sent to a higher court for sentencing, where Judge Jonathan Taaffe said the couple’s actions were ‘dishonest’ and ‘unlawful’. They were also each ordered to carry out 200 hours’ community service and pay costs of £1,115 each.

The couple, who were in a relationship but who have since separated, spent a week at the Cornelia Golf Resort and Spa, in Turkey, in July 2015 and put in a claim the following April. Investigators found images of the pair on Facebook that appeared to shed suspicion on their illness claims.

Tim Hunter, prosecuting on behalf of TUI, said: "Their social media entries made it plain they’d had a good time."

After the sentencing, a TUI UK & Ireland spokesperson said: "Today‘s outcome is another clear warning of the risks of making an exaggerated sickness claim and the judge was very clear in his view on this type of behaviour.

"Leon Roberts and Jade Muzoka now have a criminal record which will have a significant impact on their future.

"And it may not be the end of the story for them yet as the hotel where they stayed may well be considering bringing further action in Turkey.

"Anyone making a claim against TUI should understand that we do not pay compensation in claims of this nature. We will bring all similar cases to a court hearing."

ABTA chief executive Mark Tanzer said: "Today’s sentencing sends out the clearest possible message that the courts take a very dim view of anyone submitting a fraudulent holiday sickness claim.

"There has been a huge rise in these types of fraudulent claims, which are costing hotels and travel companies tens of millions of pounds. Anyone tempted to submit such a claim must now realise that they run the risk of a criminal record and prison sentence.

"Action does need to be taken to put an end to false claims being made in the first place.

"The government must make good on its promise to bring overseas personal injury and sickness claims into the fixed legal cost regime – which will cap the exorbitant fees many solicitors are charging on the back of false sickness claims – in time for this year’s holiday season."

A TUI UK & Ireland spokesperson said: "Today’s outcome is another clear warning of the risks of making an exaggerated sickness claim and the Judge was very clear in his view on this type of behaviour. Leon Roberts and Jade Muzoka now have a criminal record which will have a significant impact on their future.

"And it may not be the end of the story for them yet as the hotel where they stayed may well be considering bringing further action in Turkey. Anyone making a claim against TUI should understand that we do not pay compensation in claims of this nature. We will bring all similar cases to a court hearing."