Send Clowns, in which case it is not "Mr. Fielding" who has shot "his own" argument, but rather a failure on the part of the Tribunal that accepted the case and thereby made a faulty - and hence challengeable - finding.
Either that is the situation, or you have got the wrong end of the stick. I suspect it may be the latter. Maybe this has to do with how your grounded your argument ... and perhaps it is more to do with subtlety than with stupidity on your part.
Try this: I employ 100 females and 100 males. But I do not make provision for maternity leave for either males or females due to a lack of resources. Have I discriminated? If so, why? (In replying use only one side of the paper and be sure to clearly use examples that support your case if you want to obtain maximum marks. Any topic drift will be penalised).