A mixed state boarding school has announced a progressive policy to accommodate the needs of trans pupils, which includes allowing boys questioning their gender to wear skirts and to sleep in the girls’ dorms. While efforts by Gordon’s School in Woking, Surrey, to accommodate the specific needs of trans pupils are to be welcomed, this school still prevents girls wearing trousers as a part of their school uniform unless such a pupil claims to be questioning their gender. Is it really necessary for a young woman to question her gender identity in order to wear trousers? And what sort of message does this send out to pupils?
At the same time an increasing number of academies are imposing ever more old-fashioned uniforms, which also prevent girls from wearing trousers.
Women in all walks of life choose to wear trousers. Any rule preventing women wearing trousers would be recognised as unacceptable, and most importantly as unlawful, direct sex discrimination. Sex discrimination applies just as much to girls at school, regardless of whether a pupil attends a state school nursery or a top-notch single-sex, private, sixth-form college. The Equality Act 2010 defines direct sex discrimination as treatment that is “less favourable” on the grounds of sex. Although schools are allowed to have different uniforms for boys and girls – for instance, boys in blue pullovers and girls in red – such differences must not result in less favourable treatment.
In my view, preventing girls from wearing trousers is clearly less favourable treatment and consequently discriminatory: trousers are warmer in winter; more practical for travelling to school in; don’t require new tights to be bought all the time; are generally considered more comfortable; don’t require girls to think about their modesty every time they sit down (or play, in the case of younger pupils); and are less likely to lead to harassment on the way to school, making girls feel self-conscious about their bodies.
Current Department for Education guidance states: “Differences in dress requirements for girls and boys are standard, and where they don’t have significantly more detrimental effects on one sex or the other, they are unlikely to be regarded as discriminatory.” This is simply wrong, resulting in schools, parents and pupils thinking that a school can lawfully prevent girls wearing trousers. The correct test for whether there is direct discrimination comes from the Equality Act 2010.
Those who argue in favour of forcing girls into skirts and dresses say that it makes them look smarter. But if trousers are smart enough for boys, they are surely smart enough for girls. Anyway, girls are not in school to look smart, but to become smart.
The main reason why such sexism is still so widespread is that no schoolgirl has ever challenged her school in court about this, although some schools have agreed to change their policy after legal proceedings were threatened or started.
So what to do? When efforts to change a sexist uniform fail, it is important to make headteachers and governing bodies realise they are not above the law. There are two ways to do this, although legal advice should always be sought in any particular case. The easiest and simplest way to contest a sexist uniform policy is to bring a claim in the county court that can result in financial compensation for the pupil. But the county court has no power to order a school to change its uniform policy, although hopefully a finding of discrimination will in time lead to a rethink.
The other way of bringing a challenge is through a judicial review: the high court has the power to order a school to allow girls to wear trousers and also makes clear to all schools that preventing girls from wearing trousers is discriminatory. However, such cases are more legally complex and expensive, and can only be brought if a pupil attends a state school.
Despite the many advances made in women’s rights, 42 years after sex discrimination became unlawful, sexist restrictions on girls’ clothing are increasing. It’s time every schoolgirl and her parents challenged sexist policies, and fought for the right of women of all ages to wear trousers.