Minister plays down schools ban on skirts

Guidance to public bodies from the Equalities and Human Rights Commission (EHRC) warned that requiring pupils to wear "gender-specific clothes" was "potentially unlawful".

Gender equality and human rights rules which currently apply to public authorities are set to be extended to schools under the Equality Bill currently going through Parliament.

The EHRC guidance said research had shown that pupils born female but with gender dysphoria experienced "great discomfort" when forced to wear "stereotypical girls' clothes" such as skirts.

"Uniform is a key issue for young trans people at schools," it said.

"Many schools have strict uniform codes where boys and girls are required to wear particular clothes – for example, girls cannot wear trousers."

And it added: "Requiring pupils to wear gender-specific clothes is potentially unlawful."

Asked on Sky News Sunday Live whether it was OK for schools to require girls to wear skirts, Equality Minister Harriet Harman said: "I think that's the case in a lot of schools in this country and I don't think anybody has ever suggested that's unlawful."

And asked whether skirts could be banned under new equalities and human rights laws, she said: "I think that is unlikely. There is an issue about discrimination against transsexuals but that has not been brought to my attention in relation to school uniform policy."

Ms Harman went on: "We don't have a policy on skirts. School uniform policy is a matter for each individual school.

"As Equality Minister I have got plenty else to be dealing with, like unequal pay for men and women, like people from poorer backgrounds not having an equal start in life.

"I'm getting on with those things and I'm not worrying about skirts right now."

The wide-ranging Equality Bill will extend protection against discrimination on the grounds of gender reassignment – including applying it to schools.

It also contains a number of other measures designed to tackle discrimination and inequality, and is progressing through the Lords having already cleared the Commons.