Hi Mark the line between being an employee and an external, perhaps self-employer contractor aka consultant can be a very fine line and would be decided on the specifics of each case.

As for your question about insurances, if someone were to be harmed as a result of work at one of your Client's operational sites, then the victim can choose to chase whoever they deem appropriate for redress.

BUT, as a general rule they will target those with sufficiently deep pockets and if you are a self-employed consultant the chances are that your pockets are not as deep as those of your Client UNLESS you live in a mansion and drive a Rolls Royce.

That said you might want to review your insurance covers to make a judgement as to whether you have sufficient protection, including "run off" AND that the policies are not full of caveats that mean that your policies would be liable to be nullified precisely when you have need of them.

I think you should seek some legal advice about presenting yourself as an employee.

That client could be signing legal documents such as Non-Disclosure agreements where your engagement as a consultant rather than employee may not be reflected within the terms of the agreement placing them in breach.

Your client is making fraudulent representation of who you truly are and you appear to be a willing participant.

When push comes to shove you may find yourself exposed with no insurance as a consultant after all if you are an employee the clients insurance should be paying, but why shold they if you are a consultant?

Some things that may help in your decision making...some information relevant to your beirf summary...mpot a legal opnion just a personal comment...

Legal Precedents - just a couple to link to your issue

1. Case 1 (Courier found to be a worker) – Even though a courier invoiced clients and used his own van, the high level of control and integration meant he was a worker, not self-employed.
   •  Relevant to your position with company branding, ID, and uniform.
2. Case 2 (Medical consultant treated as an employee) – A consultant who acted as a de facto head of department and represented the hospital externally was found to be an employee for liability purposes.
   • Similar to your representation at BESA meetings and external dealings.
3. Case 3 (Vicarious liability for contractor’s actions) – A company was held liable for the actions of a contractor whose role was functionally indistinguishable from an employee’s.
   • Suggests the company could share or bear primary liability for your actions undertaken on its behalf.

Application to Your Insurance Question

• Your professional indemnity insurance covers your own professional negligence — e.g., giving incorrect advice or producing a faulty risk assessment.
• However, once you are functionally integrated into the client’s operations and acting under their name and authority, their employer’s liability insurance and public liability insurance will typically take precedence.
• The “who controls the work” test often determines which insurance responds first.
• You should check your PI policy’s exclusions — many policies exclude claims arising where you are effectively under the client’s supervision or deemed to be an employee.

Practical Recommendations

1. Review your written contract – If it doesn’t accurately reflect the reality of your working relationship, it may not protect you.
2. Clarify insurance responsibilities – Request written confirmation from the client’s insurers that you’re covered while acting on their behalf.
3. Seek IR35 assessment – If HMRC later determines you’re inside IR35, there may be tax implications for both parties. (You should have a determination and this is probably the one mist important thing here, as kate aludes to..)
4. Maintain clear independence – Where possible, use your own branding and communication channels to avoid blurring the employment line.

And as RT says you need proper legal advice...  happy Sunday :)