Avoiding duplication of queue items where there is items 'In Progress'

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In my current process I am using a Dispatcher Bot and a Performer Bot. When I add items to the Queue using the Dispatcher I am using a unique reference and have selected the ‘Unique Reference’ option to ensure items are not duplicated. I have noticed when the Dispatcher adds to a queue, it does not register the ‘In Progress’ items when checking for a unique reference and subsequently creates a duplicate record for the ‘In Progress’ items. Has anyone else encountered this before?