Equality and Human Rights Commission

Schools are allowed to set rules about what pupils should and should not wear at school. But these rules should take account of the human rights to freedom of expression, freedom of religion or belief, as well as the right not to be discriminated against.

Can girls wear trousers to school?

In theory, yes. But it is currently up to individual schools to decide whether or not girls are allowed to wear trousers – or boys are allowed to wear earrings – in that school.

The basic principle should be that, because trousers are conventional dress for girls, there is a strong argument that it would be unlawful sex discrimination to deny a girl the opportunity to wear smart trousers as an alternative to skirts as part of a uniform code.

But so far, courts have not had to make a judgment on whether different school uniform regulations for boys and girls would be discriminatory under the Sex Discrimination Act.

Find out about challenging a school uniform policy below.

School uniform and issues of racial or religious discrimination

If uniform and dress regulations mean that pupils who cannot comply with them for cultural or religious reasons are unable to participate in a particular part of school life, then those regulations may constitute indirect discrimination on racial or religious grounds

For example, a rule that pupils must not wear headgear in school would cause problems for Sikh men and boys who wear a turban, or Jewish men or boys who wear a yarmulka, in accordance with practice within their racial or religious group.

If schools require pupils to wear certain clothing for physical education, this could mean that children of certain religions would not be able to participate in these activities. This may be unlawful, unless it can be justified on objective grounds.

If you think you are (or your child is) being discriminated against as a result of a uniform policy, then you should start by contacting the school’s head teacher to discuss what you can do. Find out more about challenging a school uniform policy below.

Example

Recently, a Muslim school girl won her case in the Court of Appeal when she claimed that not being able to wear the jilbab to school violated her right to manifest her religion freely under Article 9 of the European Convention on Human Rights. The school insisted that she comply with their school uniform requirements, which included a shalwar kameez for Muslim girls.

The case then went to the House of Lords, which overturned the decision, saying that Article 9 did not require a person to be allowed to manifest their religion at any time and place. What constitutes interference with this right will depend on the facts of a case: in this case, the girl's rights to manifest her religion were not interfered with sufficiently to constitute a breach of Article 9.

What can I do to challenge the rules on school uniform at my or my child’s school?

If you think that the rules on school uniform at your school (or your child’s school) should be changed, you should start by discussing uniform with the school’s head teacher and governors. You should explain why you want to change the uniform and what changes you would like made.

If your school has a parent/teacher association, you may wish to contact them and ask for their support. You could also survey other schools in your area to find out their rules.

The following points have been used to argue for changes to school regulations to allow girls to wear trousers:

• trousers are more practical, they provide warmth in cold weather and are more comfortable than nylon tights 
• cost: tights are more expensive because of their short life
• some pupils have concerns about their body image and prefer not to show their legs
• personal safety: girls may be able to run faster in trousers than a skirt and they may be less vulnerable to indecent assault
• other local schools allow girls to wear trousers
• women teachers do not face a restriction on wearing trousers
• most professions now consider trousers to be an acceptable business dress for women
• flexibility in dress codes may also help to accommodate pupils who need to wear trousers due to religious or cultural reasons without the need for special exceptions so individual girls will not stand out from their peer group, and
• some disabled female pupils may prefer to wear trousers for practical considerations.

Example

A Christian girl who wanted to wear a purity ring to school as a demonstration of her faith lost her case in the High Court. The school uniform policy said that jewellery was not allowed. The courts ruled that, although the ring may have been a demonstration of her faith, it wasn’t something that her religion obliged her to wear.