Religious Discrimination Case

The Employment Equality (Religion or Belief) Regulations 2003

PRESS ANNOUNCEMENT.

16th November 2007 - Appeal Hearing. Audit House, 58 Victoria Embankment, EC4Y 0DS

18th October 2007 - Exhibition about the case next to Tate Liverpool (to coincide with the Turner Prize).

TIMELINE AND DATES TO SIT IN ON PROCEEDINGS

Artist and academic Anthony Padgett is taking Sir Nicholas Serota and Tate Galleries to the Employment Tribunals over Religious Discrimination under The Employment Equality (Religion or Belief) Regulations 2003.

Questionnaire sent to Tate.

ET1 sent to Tate.

Claim amendments sent to Tate.

Press Release about Victimisation by Tate over the images on this website.

This Tribunal case is also a piece of art. It is an attempt to take control of state funded art away from corporate collectors and commercial galleries by protecting artists/performers rights (disability, race, sex, sexual orientation, age and religion). The culture of multinational collectors and their spouses can be resisted even if the globalisation of their corporations is spreading. The case has implications for the UK and also for Europe as the EE Regulations 2003 are formulated out of the EU Employment Framework Directive (Directive 2000/78).

Padgett began proceedings on 20/9/5 following multiple discriminatory incidents dating back to 2002, and culminating with the rejection of his most recent proposal (July) of a scale copy of the memorial to Sir Henry Tate at Norwood Cemetery, built in the Tate Modern Turbine Hall, out of sugar cubes.

The case is of great importance for two reasons.

The first that it will establish that artists have the same employment rights as any other self-employed contractor. Currently an artist can apply for a contract to exhibit and perform in a gallery and they can reject that application because of the artist’s race, sex, sexual orientation, disability or religious belief.

The second is that it will show that the art world is institutionally prejudiced against religious artists and any positive treatment of religion. It will also show how Christianity has been singled out for negative treatment and that the contemporary art world also holds spirituality and Buddhism to be more valid than Christianity, Judaism or Islam

Below is Anthony Padgett, the Business Messiah, and the Tomb of Sir Henry Tate.

Click to see Movie on YouTube of Case Reconstruction

Click to see Movie on YouTube of Application for Review Hearing and Tate Memorial

Click to see Movie on YouTube of Employment Appeal Tribunal Acceptance of Appeal

Movie of Pilgrimage to Jerusalem 2006 to pray for the case on YouTube

Padgett proposed to do performances around this memorial on the theme of Sir Henry Tate’s religion, Unitarianism, to look at the pressing issue of interreligious art in light of the current religious climate. This suggestion was sent to Curator at Tate, Catherine Wood who reacted with bemusement on the phone but subsequently has worked with Turner Prize winner Rachel Whiteread on a giant sugar cube exhibition in Tate Modern Turbine Hall. To add to this Whiteread is selling computer rapid-prototype sculptures in the Tate Catalogue, a technology Padgett was using to make religious art with, 6 years ago.

Sir Henry Tate was a Unitarian and Padgett has founded the religion of Postmodern Religious Art, as an offshoot of Unitarianism. Padgett has worked on interreligious art themes for over 10 years and founded his new religious viewpoint, that mixes religious and creative elements, in 2001. This was the result of a lifelong search where Padgett worked as a teacher of Religious Education and worked in the Holy Land for both the Israeli and Palestinian governments, restoring places of worship.

Padgett claims that Tate directly discriminated against his religion in refusing him opportunities given to less far reaching works, but also indirectly discriminated against his religion by accepting a general, commercial art-world view that is anti-religious.

Padgett claims that as a public body, representing artistic interests of the British public, that more than just commercial art considerations should be made in selecting works. Currently the art-world is able to discriminate against workers on the grounds of archaic practices that come from assumptions that art is so subjective that no regulation can occur. However, if there wasn’t consensus between professionals then there wouldn’t be an art industry. It is this consensus that Padgett claims is indirectly discriminatory.

In the current climate, rejecting work of a religious nature shows their consensus to be outdated and discriminatory. Tate has accepted a Modernist view of Religion that dates back to the 19th century but is no longer applicable in a multi-faith world.

Whilst Tate shows contemporary works that are largely damning of Christianity this artistic position dates back to Andre Serrano’s “Piss Christ” (1987). Chris Ofili’s Upper Room series, recently acquired by Tate for over £600,000, has Christian imagery mixed with dung. This is thus an out of date “Dung Christ”.

Recent decisions to remove John Latham’s “God is Great” (a sculpture, made 10 years ago, of the Torah, Bible and Koran apparently embedded in a sheet of glass) from Latham’s Tate Britain exhibition have raised issues of Tate prejudice against works of a religious theme. This work only figures 3 faiths in an artistic statement of spiritual unity but Padgett’s work is a new religion that treats all major religions equally.

Latham’s work still has a belief in a uniting spirituality which is a notion going back to 19th century Romanticism. In light of John Latham’s ban Padgett said that if Latham had added an Argos catalogue that the work would have been more contemporary and thought provoking. Padgett says his work is much further reaching in that what unites people is that they are all consumers and religion is a superficial layer, built on the top of our human rights, that gives hope for Divine Intervention. This Religion is in line with the Regulations that the Tate has wilfully ignored.

Padgett’s work is significant because of the issues it raises and the Discrimination has occurred against Padgett in refusing to accept his work because of his religion and religious beliefs.

Tate’s response was that an application to perform is an application for the sale of goods and not a form of employment. Padgett replied that seeing religious art as purely commercial goods is part of the commercial art-world’s religious discrimination that he is criticising. Tate also threatened Padgett with the payment of legal costs.

Padgett thinks that an artist with a contract at the Tate should have the same rights as any worker. Padgett, whose father was a plumber, says that “a plumber applying for work at Tate has more employment rights against discrimination than an artist, which is ironic, given that one of the Tate’s most valuable pieces of work is a Urinal by Marcel Duchamp.”

As compensation, appropriate to the level of discrimination received, Padgett has requested to be nominated and short-listed for the 2006 Turner Prize. The piece of work he wants short-listing for is the case that he is bringing against the Tate. Padgett thinks that a further example of the art-world’s prejudice against religion as the Turner prize has never short-listed artists whose work is about religion. Such a public exhibition will enable the public to decide the merits of Padgett’s work and the issues it raises. Channel 4 broadcast the Turner Prize and Padgett’s religion was the creative source for their recent series “Spirituality Shopper”.

Below is Anthony Padgett in his vestments as the prophet of Postmodern Religious Art.