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 rights to free expression, equal justice and respect for a student's religion or belief.

Treating girls and boys differently

It is currently up to individual schools to decide whether or not there should be rules on uniform which apply to pupils of one sex only - such as girls not being allowed to wear trousers or boys not being allowed to wear earrings. However, in the light of current conventions on dress, a court may decide that it would be less favourable treatment on grounds of sex to deny girls the choice of wearing trousers as a school uniform option.

This is because trousers are conventional dress for women, so 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. 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. But it would be good practice for schools to review school uniform requirements regularly to ensure that they reflect current conventions on dress.

Racial or religious discrimination

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

For example, a rule that girls must wear skirts could exclude Muslims, who are required by their religion to cover their legs.

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

Setting a school uniform policy or dress code

Schools who choose to set a school uniform should think carefully about what they require pupils to wear. Some key things to think about include:

• Is the uniform practical? For example, trousers are often seen as being more practical than skirts as they provide warmth in cold weather. They may also be more practical for pupils with some disabilities.

• Does the uniform create unnecessary costs to parents? Items such as tights may have a shorter life span than other items of clothing, meaning that parents have to buy them repeatedly.

• Is the uniform policy sufficiently flexible to accommodate religious or cultural requirements? Banning all headgear, for instance, might amount to indirect discrimination against Sikh or Jewish boys and men.

• Would the uniform cause embarrassment or discomfort to some pupils?