As long as you’re confident you can justify it as such to the works inspectorate, that’s fine, you just need to be aware of the rules and what is potentially at stake for your company if it were to be requalified as an employer. (However I suggest you avoid referring to it as a “position” because a “position” strongly suggests a role within an organisation. If you were asking an electrician to rewire your premises or a translator to translate a document for you, would you call it a “position”? I’m entirely not sure this is a good argument either
because, whose business is that person promoting - yours or theirs? - which really is the crux of the matter: is the person working to make their own enterprise a success, ie managing and promoting and raising the profile of their own business, or are they working to make someone else’s enterprise a success, ie helping to manage and promote and raise the profile of your business?)
TBH most cases that do arise, arise not because the inspector happens to pick up on them but because a worker develops a grudge against their client/employer and approaches the inspector off their own bat. If the position is requalified, obviously the employee stands to do well out of it because they get awarded holiday pay, ss contributions etc going back to the start of the relationship.