Self employed but arguably part-time employed. Is employer at fault?

[loveisagirlnameddaisy]

I work 2 days a week and since starting at the company (it's a limited company), I've been self employed (I invoice once a month and do all my own self assessment). I've never had a problem because I was previously self employed running my own consultancy.

However, I have learned that nearly all other 'employees' are working on the same basis, although they work 4 days a week, not 2, and there are only 5 of us in total. We all work regularly and come into the office and use office equipment, not our own. Someone suggested to me that this meant we were in fact part time employees and as such, the MD was evading paying NI on our salaries.

Have done some HMRC googling and am pretty sure this is correct but wondered if anyone could say that 100%, this is the case. Thanks in advance.

Without knowing more information no one can say 100% but if you're coming into work 2 days a week, work under the direction of the company, can't send someone else in your place, use their equipment, then you are probably employed, yes. The fact that you work 2 days a week doesn't make it acceptable to say you are not employed, it's all about the nature of your relationship with the employer. If the relationship is one of employment, then it's employment.

And yes, the employer is at fault, not you.

And yes you should have a problem with it because you are being denied holiday pay, employment rights, NI contributions, pension rights, maternity and other family leave rights, etc etc etc