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Tate gallery pays six-figure settlement to three artists

In a huge breakthrough, Tate โ€“ one of the biggest institutions in the world โ€“ย has payed a six-figure legal settlement to three artists after the gallery was sued for victimisation and race discrimination.

When I read on Sunday that Tate had agreed to pay Amy Sharrocks and Jade Montserrat โ€“ both sculptors and performance artists โ€“ a six-figure legal settlement, I found myself in a state of shock.ย 

Tate is one of those institutions that feels immovable, no artist too great, no legal battle too thorny to upend it.ย 

Certainly, the gallery has received tirades of hate and controversy over the years. A large portion of this criticism has centered on claims of racial discrimination, a lack of staff diversity, and ominous investment strategies.ย 

Yet Tate remains one of the most successful art institutions worldwide. The greatest irony is perhaps that Tate prides itself on inclusion and innovation, positioning itself as an artworld disruptor.ย 

Under their โ€˜commitment to race equalityโ€™ page on the website, Tate states โ€˜In recent years we have made progress in better representing artists of colour in our collection […] but that work must go further.โ€™ โ€˜We are committed […] to challenging ourselves to dismantle the structures within our own organisation which perpetuate that inequalityโ€™.ย 

Some might say that this self-awareness is a positive thing, but Tate is known for falling back on its own self-constructed โ€˜wokenessโ€™ when scandal comes knocking. After all, how are artists โ€“ most of them young, financially dependent on these institutions, and ill-equipped to navigate the art worldโ€™s legal minefield, supposed to do anything but roll over?ย 

Thatโ€™s why the news of Montserrat and Sharrocksโ€™ settlement filled me with such joyful disbelief.ย 

Ben Quinn wrote this week that Tate had finally acquiesced to a law suit by both artists, after the gallery refused to commission Sharrockโ€™s already agreed-upon year-long programme. The U-turn came when Sharrocks announced sheโ€™d be working with Monstserrat.ย 

Jade Monstserrat, a Black artist who works in sculpture and live art, has previously made allegations of sexual abuse and innapropriate behaviour against art dealer Anthony dโ€™Offay.ย 

Lo and behold, dโ€™Offay was a major donor to Tate. The gallery suspended contact with him in 2018 over allegations of sexual harassment from three women.ย 

Sharrocksโ€™ claim against Tate was issued this year, claiming discrimination, victimisation, and harassment under the Equality Act.ย 

The artist said she was excited to have been asked to create three works across Tateโ€™s main sites for Tate Modernโ€™s 20th anniversary. But Sharrocks was astonished when an executive told her she couldnโ€™t work with Montserrat on the project.ย 

Tateโ€™s director Maria Balshaw allegedly gave the reasoning that Montserrat was โ€˜hostileโ€™ to the institution, and such was the vitriol of her claims against the Tate โ€“ and Balshaw herself โ€“ that it would not be โ€˜safeโ€™ for her to be involved in a collaboration at the gallery. Cue heavy eye-roll.ย 

Sharrocks publicly called out Tateโ€™s hypocrisy after Balshawโ€™s comments. โ€˜Publicly, [they] claim to be focused on transformation and learning, risk, trust etc, but in practice they moved swiftly to silence, exclude, and eraseโ€™.ย 

โ€˜Tateโ€™s job is to support artists, not donors,โ€™ she continued. โ€˜Tate forgot this when they insisted on excluding Jade from a programme she had helped to developโ€™.

The settlement paid to Sharrocks, Montserrat, and co-curator Madeleine Collie is a vital turning point.ย 

Grassroots art publication โ€˜The White Pubeโ€™ described the settlement as โ€˜huuuuge art world newsโ€™, and celebrated Sharrocks, Montserrat, and Collieโ€™s resilience:ย 

โ€˜I cannot imagine the energy and pressure these three artists must have been under in the fight against the biggest and the baddest of them all. I am happy that they have found this resolution, happy that it might inspire others in similar situations, and happy that more of Tateโ€™s harmful practices are being discussed on a national level.โ€™ย 

Tate has since made a statement addressing the settlement and the treatment of Sharrocksโ€™ proposed project.ย 

โ€˜Whilst [cancelling Sharrocksโ€™ project] was a carefully considered decision, Tate regrets the way in which the relationship ended. Alongside agreeing a settlement with those affected, we have apologised for the distress caused’.ย 

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