At kinetic scales in the solar wind, instabilities transfer energy from particles to fluctuations in the electromagnetic fields while restoring plasma conditions towards thermodynamic equilibrium. We investigate the interplay between background turbulent fluctuations at the small-scale end of the inertial range and kinetic instabilities acting to reduce proton temperature anisotropy. We analyse in-situ solar wind observations from the Solar Orbiter mission to develop a measure for variability in the magnetic field direction. We find that non-equilibrium conditions sufficient to cause micro-instabilities in the plasma coincide with elevated levels of variability. We show that our measure for the fluctuations in the magnetic field is non-ergodic in regions unstable to the growth of temperature anisotropy-driven instabilities. We conclude that the competition between the action of the turbulence and the instabilities plays a significant role in the regulation of the proton-scale energetics of the solar wind. This competition depends not only on the variability of the magnetic field but also on the spatial persistence of the plasma in non-equilibrium conditions.