Under pressure: Managing risk and burnout time in a hyper-connected world

This summer, the In-House With You team at HCR Law is ‘walking on legal sunshine’ with Hot Tips for Cool Counsel, a seven-part article series created especially for in-house lawyers. Whether you’re planning ahead or tackling new challenges, these summer legal essentials offer a seasonal refresh with practical tips and insights, to help you stay sharp, compliant, and confident, whatever the summer brings.

In this issue, Andrea Thomas, Partner, and Head of Employment, Wales, looks at the ever-pressing topic of mental health and legal overwhelm, offering ways to create boundaries when legal is expected to “always be on.”

In today’s always-on, digitally connected environment, workers are almost always contactable with only a few corners of the world which are still truly “off-grid”.

Whilst this has many advantages and may mean that we can work from anywhere, it also means that the boundaries between work and personal life have become increasingly difficult to maintain. For in-house legal teams, often at the centre of business-critical decisions and cross-functional demands, this can mean feeling perpetually “on call,” regardless of time zone or out-of-office status.

While technology enables greater flexibility and responsiveness, it also creates an unspoken expectation of constant availability. Many general counsel and in-house lawyers find themselves checking emails during annual leave, responding to late-night queries from the board, or drafting advice over weekends, often in the absence of any true urgency. This pressure is frequently self-imposed, driven by a strong sense of responsibility and service, but the long-term effects on wellbeing and work-life balance are hard to ignore.

We may believe that this always-available approach demonstrates efficiency and commitment, but it carries downsides for both the individual and the organisation. These can include:

• Erosion of work-life balance – Constant availability often compromises personal life, straining relationships and fostering resentment, which lowers overall job satisfaction.
• Burnout and mental health issues – This is perhaps the most worrying potential consequence of always being connected. Continuous connection leaves little time to recharge, increasing risks of anxiety, depression, and emotional exhaustion.
• Physical health risks – Stress, prolonged screen time, irregular sleep, and sedentary habits can contribute to physical health issues, from eye strain to serious conditions like cardiovascular disease.
• Decreased productivity – Constant multitasking and lack of downtime cause cognitive overload, reducing focus and efficiency during work hours, if insufficient downtime means that they are constantly exhausted.
• Cybersecurity and data protection – Remote access from multiple devices raises vulnerability to cyber threats, particularly if sensitive data is accessed via unsecured networks. Data breaches, from errors like sending emails to wrong recipients become more likely when employees are tired or rushed.

The legal position

As legal leaders within the business, general counsel and senior in-house lawyers are uniquely positioned to model healthier boundaries and set the tone for sustainable working practices across their teams. Encouraging a culture that values considered, high-quality input over immediate responsiveness not only protects team wellbeing but also enhances legal function performance. This may mean rethinking how we define urgency, empowering team members to disconnect during leave, or setting clearer expectations with internal stakeholders about response times. Ultimately, it’s about creating an environment where legal professionals can do their best thinking, without being constantly online.

It is surprising how infrequently we think about this. It may therefore be worth reminding ourselves of the legal position, particularly for those of us who also manage others or have a role in setting the standards and tone of the organisation where we work.

There is currently no legal “right to disconnect” in the UK. The current government did consider introducing such a right and this was mentioned in pre-election literature, but it has not been introduced. However, there are several existing legal obligations which may require employers to ensure that employees are not overworked and are able to have adequate rest. These include:

• Working Time Regulations 1998 – With some exceptions, workers are entitled to:
  • Maximum 48-hour workweek – employees must not exceed 48 hours on average per week during a reference period unless they’ve signed an opt-out. Most professionals do sign an opt-out agreement, but this doesn’t mean they are agreeing to work unlimited hours.
  • Right to rest breaks, include:
    • 20-minute break if working over 6 hours
    • 11 consecutive hours of rest in every 24-hour period
    • 24 hours’ uninterrupted rest per week (or 48 hours per fortnight)
• Health and safety legislation – Under the Health and Safety at Work Act 1974 and related legislation, employers must protect workers and others from health and safety risks. Failure to do so can result in criminal and civil liability. This duty also extends to employees’ mental health.
• Employment contracts & policies – Employment contracts and workplace policies often set work hours and sometimes address communication outside these hours. However, most professional or senior contracts include a duty to work reasonable additional hours as needed. This doesn’t permit unlimited hours, as that would be unreasonable and could breach the implied terms of trust and confidence, potentially leading to a constructive dismissal claim.
• Guidance on managing stress at work – Though not legally binding, courts or tribunals may consider this in civil claims. Key sources include:
  • Acas guidance: https://www.acas.org.uk/managing-work-related-stress
  • HSE Management Standards: https://www.hse.gov.uk/stress/index.htm

Dealing with these issues in practice

As lawyers, we are well-versed in advising others on legal rights and obligations in the workplace, but it’s striking how rarely we pause to consider how these same principles apply to our own working lives. Issues such as working time limits, rest breaks, the right to disconnect, and mental health protections are not just theoretical; they are directly relevant to how we work and how we lead. For those of us who manage teams or help shape the culture of our legal function or wider organisation, it’s important to remain mindful of these legal considerations, not only to ensure compliance, but also to set a responsible and sustainable example.

Whilst we may know the law, in practice, it can be very difficult to say “no” when a member of the board, a SMT colleague or client, asks for something outside working hours or whilst you are on holiday. Clients have now become used to having access to legal advice “on tap” and, within an organisation, the executive team may have similar expectations of the in-house team. So how can this be managed?

Striking a healthy balance

It’s often unrealistic for senior professionals to fully disconnect outside working hours, as lawyers may need to handle urgent or crisis matters. This can be reasonable and contractually permitted, but it differs from being constantly available and online.

Some of the strategies below can help professionals strike a healthy balance:

• Manage expectations and set boundaries – Clearly communicate your working hours to colleagues and clients, especially if you work non-standard times. Even if you handle urgent matters outside these hours, specify when you’re unavailable due to commitments like childcare or caring responsibilities. If you can’t complete work overnight due to other commitments or because it’s an unreasonable request, clearly communicate that the deadline cannot be met and advise when it can
• Delegate if possible – Use colleagues or external resources during busy times. Before holidays, inform others of your absence and who to contact to reduce unnecessary interruptions whilst you are away
• Prioritise – Try to ascertain which conflicting demands really are urgent, so that you can properly consider whether you need or want to work on any of these matters outside your normal hours
• Set time aside – Allocate uninterrupted periods for focused work on important projects. Let colleagues know to avoid interruptions. Many of us end up doing this work outside regular hours due to daytime distractions. Leverage tools and use features like “Do Not Disturb” on Teams to signal your availability, and encourage colleagues to check these before reaching out
• Encourage organisational change – If you can influence culture, promote policies that ensure employees get sufficient downtime and aren’t always “on call”, highlighting the risks of excessive stress and pressure to both staff and the organisation. Consider the impact you have on others, for examples, sending emails outside working hours can pressure colleagues to respond immediately. Use email footers to clarify that prompt replies are not expected
• Be aware of the signs – Look out for stress in yourself and others and know where you can access support for yourself or colleagues.

To read more in the ‘Hot Tips for Cool Counsel’ series click here.