St George’s Church

The Equality and Human Rights Commission (EHRC) said making skirts part of a compulsory uniform could breach the rights of girls who feel uncomfortable with their gender.

In official guidelines published ahead of the Equality Bill, which comes into force this autumn, the watchdog says that “requiring pupils to wear gender-specific clothes is potentially unlawful”.

The EHRC, which can force public bodies to comply with equality law, said schools are obliged to be “proactive” in ensuring there is no discrimination against transsexual pupils.

The Equality Bill, championed by Harriet Harman, the Labour deputy leader, will force all public authorities by law to take into consideration the potential effects of their policies on minority groups.

A spokesman for the EHRC said its guidance was “all about giving schools information which will help them interpret the law.”

A government spokesperson said: “Schools decide their own uniform policy, the Equality Bill will not change this at all, it’s nonsense to suggest we’re banning skirts.

“However long standing Government guidance states that schools need to be careful that any blanket uniform policy does not discriminate against someone because of e.g. their religion, gender, or sexual orientation.”

Elspeth Insch, head teacher of King Edward VI Handsworth school in Birmingham, told The Sunday Times: “The message is: not in my school – we’re sticking with our skirts.”